JOHNSON v. IRBY

Full title: FRANK C JOHNSON, JR, RUTH B JOHNSON, Plaintiffs, v. J K BUDDY IRBY…

Court: United States District Court, N.D. Florida, Gainesville Division

Date published: Jul 8, 2009

CASE NO. 1:09-cv-00003-MP-AK (N.D. Fla. Jul. 8, 2009)

Opinion

CASE NO. 1:09-cv-00003-MP-AK.

July 8, 2009

ORDER

MAURICE PAUL, Senior District Judge

This matter is before the Court on Doc. 40, Report and Recommendation of the Magistrate Judge, recommending dismissal of the action and revocation of the Johnson's ability to initiate actions in forma pauperis. Also pending are the following motions:

Doc. 2 Plaintiffs' Motion for Leave to Proceed in Forma Pauperis Doc. 5 Plaintiffs' Motion to Recuse Judge Maurice M Paul, Senior Judge and Honorable Allan Kornblum Doc. 7 Defendant's Motion to Dismiss Doc. 9 Plaintiffs' Motion for Hearing Doc. 13 Plaintiffs' Amended Motion for Hearing Doc. 19 Defendant's Motion for Protective Order Doc. 21 Plaintiffs' Motion for Hearing in Open Court before ruling on Defendant's Motions Doc. 23 Plaintiffs' Motion to Call Honorable Maurice M. Paul, Senior District Judge and Honorable Allan Kornblum, United States Magistrate Judge, as a Witnesses Doc. 26 Plaintiffs' Motion to Disqualify Judge Doc. 27 Plaintiffs' Motion for Subpoena Doc. 28 Plaintiffs' Motion for Writ of Mandamus Doc. 33 Plaintiffs' Motion to Reassign Case Doc. 35 Plaintiffs' Motion to Denied Any Motion Filed by JK Buddy Irby Clerk or His Attorney Doc. 36 Plaintiffs' Motion for Hearing Doc. 38 Plaintiffs' Motion for Writ of Mandamus Doc. 44 Plaintiffs' Motion for the Court to Disqualify Itself from Hearing the Case

The Court agrees with the Magistrate Judge's assessment that "the number, content, frequency, and disposition" of the Johnson's filings — in this and numerous other frivolous cases — show an abusive pattern. The Court has reviewed each of the Plaintiffs' motions listed above, and finds them all to be rambling, incoherent and without merit. They are all denied. Moreover, the Court agrees with the Magistrate Judge that the motion to dismiss, Doc. 7, should be granted as the complaint fails to state a cause of action. Finally, the Court also agrees that Mr. Johnson shall not be permitted to file any case without paying the full filing fee in advance. It is hereby

ORDERED AND ADJUDGED:

1. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein. All motions filed by Plaintiff in this case are frivolous and are denied.

2. The motion to dismiss, Doc. 7, is granted, and this case is dismissed with prejudice.

3. The Clerk is directed to refuse any case opening filings from Mr. Johnson or the Johnsons together without full payment of the filing fee in advance.

DONE AND ORDERED.