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ROBBINS v. RAYMOND, CV411-193. (2012)

Court: District Court, S.D. Georgia Number: infdco20120627a67 Visitors: 5
Filed: Jun. 26, 2012
Latest Update: Jun. 26, 2012
Summary: REPORT AND RECOMMENDATION G.R. SMITH, Magistrate Judge. The Report and Recommendation (R&R) entered on June 13, 2012 in this copyright action limited pro se plaintiff Kelvin J. Robbins to just two more filings before the district judge's R&R ruling: (1) his Fed. R. Civ. P. 4(m) showing why the Court should not dismiss his case against captioned defendant Usher Raymond for lack of timely service; and (2) a Fed. R. Civ. P. 72(b)(2) Objection. Doc. 67 at 11, reported at 2012 WL 2153944. Viol
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REPORT AND RECOMMENDATION

G.R. SMITH, Magistrate Judge.

The Report and Recommendation (R&R) entered on June 13, 2012 in this copyright action limited pro se plaintiff Kelvin J. Robbins to just two more filings before the district judge's R&R ruling: (1) his Fed. R. Civ. P. 4(m) showing why the Court should not dismiss his case against captioned defendant Usher Raymond for lack of timely service; and (2) a Fed. R. Civ. P. 72(b)(2) Objection. Doc. 67 at 11, reported at 2012 WL 2153944. Violating that limitation, Robbins has filed (in unedited form) a "Motion to Deny Defendant's Docket 63 and it pleadings' alleged and to Moot Further Motion Practice by all Defendant's, & Objection." Doc. 70 at 1.

Plaintiff's "Motion to Deny" supplies nothing more than argument against a prior defense motion already resolved by the R&R. In a sense it is simply re-argument — the stuff of Fed. R. Civ. P. 59(e) motions. It otherwise bears no Rule 4(m) showing. Because it fails to comply with this Court's instruction, the Court DENIES his motion (doc. 70) as a sanction and on the merits (for it is otherwise laden with demonstrably frivolous arguments, many of which are incomprehensible).

This R&R, combined with the last, advises that Robbins' entire case should be DISMISSED — with prejudice against defendants Sony Music Entertainment and LaFace Records LLC, and without prejudice against Usher Raymond. As Robbins has captioned his latest filing (doc. 70) as both a motion and an "Objection," the Clerk shall route it and this R&R to the district judge for his consideration along with the first R&R (doc. 67).

SO REPORTED AND RECOMMENDED.

Source:  Leagle

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