Filed: Apr. 24, 2012
Latest Update: Apr. 24, 2012
Summary: ORDER LAURIE SMITH CAMP, Chief District Judge. This matter is before the court on Defendants' Motion to Strike (Filing No. 66 ) and Motions to Quash (Filing Nos. 67 and 68 ). The court granted Defendants' Motions to Dismiss, dismissing this matter without prejudice, on December 20, 2011. (Filing No. 51 .) On that same date, the court entered Judgment in favor of Defendants. (Filing No. 52 .) Plaintiff thereafter filed several summons forms, which the Clerk of the court docketed as a Noti
Summary: ORDER LAURIE SMITH CAMP, Chief District Judge. This matter is before the court on Defendants' Motion to Strike (Filing No. 66 ) and Motions to Quash (Filing Nos. 67 and 68 ). The court granted Defendants' Motions to Dismiss, dismissing this matter without prejudice, on December 20, 2011. (Filing No. 51 .) On that same date, the court entered Judgment in favor of Defendants. (Filing No. 52 .) Plaintiff thereafter filed several summons forms, which the Clerk of the court docketed as a Notic..
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ORDER
LAURIE SMITH CAMP, Chief District Judge.
This matter is before the court on Defendants' Motion to Strike (Filing No. 66) and Motions to Quash (Filing Nos. 67 and 68). The court granted Defendants' Motions to Dismiss, dismissing this matter without prejudice, on December 20, 2011. (Filing No. 51.) On that same date, the court entered Judgment in favor of Defendants. (Filing No. 52.) Plaintiff thereafter filed several summons forms, which the Clerk of the court docketed as a Notice of Summons. (Filing No. 59.) Defendants requested that the court quash those summonses because the court has already entered judgment against Plaintiff and he is therefore not entitled to any relief. The court granted those requests. (Filing No. 64.)
On April 11, 2012, Plaintiff filed a similar document containing summons forms, "Notices," "Affidavits," and USM-285 forms, which the Clerk of the court docketed as a Notice. (Filing No. 65). Defendants again seek to quash this "Notice." For the same reasons as set forth in the court's previous Memorandum and Order, the court agrees that the summons forms should not be issued in light of the dismissal of this matter and that no further relief is warranted.
In addition, in the event that Plaintiff files summons forms, USM-285 forms, or any other "Notice" or "Affidavit of Facts" in the future, the court will take no action on those documents. Thus, in the event that Plaintiff files the same or similar documents in the future, Defendants need not respond to such filings unless ordered to do so by the court.
IT IS THEREFORE ORDERED that:
1. Defendants' Motion to Strike (Filing No. 66) and Motions to Quash (Filing Nos. 67 and 68) are granted;
2. The Clerk of the court is directed not to process the summons forms contained in Plaintiff's Notice (Filing No. 65.) All other relief requested by Plaintiff in the Notice is denied; and
3. In the event that Plaintiff files summons forms, USM-285 forms, or any other "Notice" or "Affidavit of Facts" in the future, the court will take no action on those documents and Defendants need not respond to such filings unless ordered to do so by the court.