Opinion
Case No. CV413-104
06-24-2013
ALVIN LAVON MOORE, Plaintiff, v. UNITED STATES, Defendant.
REPORT AND RECOMMENDATION
Alvin Lavon Moore re-launched his paper war against this Court in Moore v. United States, CV411-313, doc. 32 (May 23, 2012 judgment dismissing his case); id., docs. 33-48 (multiple, frivolous filings interspersed with orders denying them), doc. 44 (directing him to file no more motions); doc. 45, 46, 47 (his attempt to file a new proceeding), doc. 69 (later order denying another stream of frivolous motions), etc. Having lost his appeal in that case, doc. 82, he turned around and filed another frivolous case. CV413-104, doc. 2. And, he again he asks the taxpayers to fund it. Doc. 4 (in forma pauperis (IFP) motion); see also doc. 5 (motion to strike filing fee deficiency notice).
He has a long history before this Court. In addition to his last case, CV411-313, see Moore v. United States, CV407-023 doc. 3 (Order denying IFP due to affidavit inconsistencies, directing clarification); doc. 6 (case dismissed for failure to comply) (S.D. Ga. May 22, 2008); Moore v. State of Georgia, CV407-130, doc. 3, reported at 2007 WL 2986401 (S.D. Ga. Sep. 21, 2007) (advising dismissal as meritless), adopted, doc. 13 (S.D. Ga. Oct. 7, 2007); Moore v. James, 2006 WL 3196552 at * 1 (S.D. Ga. Nov. 1, 2006) (denying habeas relief). He also is a convicted criminal. United States u. Thomas, CR493-63, doc. 68 (S.D. Ga. Dec. 22, 1993).
As best the Court can tell, he seeks to sue the undersigned, a docketing clerk, the Administrative Office of the U.S. Courts, and others for "interfering" with his attempt to seek justice in CV411-313.
For jurisdictional purposes only, the Court GRANTS Moore's IFP petition (413CV104, doc. 4), but advises that this case, too, must be DISMISSED. The district judge should also consider measures to protect this Court -- a valuable public resource -- from this blatant litigation menace. Since Moore is not a prisoner, there is no 28 U.S.C. § 1915(g) remedy available here. But a filing bond is available to block those who assault this Court with frivolous litigation. See, e.g., Holden v. Simpson Paper Co., 48 F. App'x 917, 2002 WL 31115137 at *3-5 (5th Cir. 2002) (courts may sanction litigants for repeatedly filing frivolous suits and demand that the payment be posted prior to instituting a new lawsuit); Gelabert v. Lynaugh, 894 F.2d 746, 747-48 (5th Cir. 1990) (imposition of a $10 "sanction" prior to filing a second suit was permissible even if the plaintiff is too poor to pay it; "[l]ike every other pastime, recreational litigation has its price"); Williams v. Pearce, 2013 WL 265985 at * 8 (W.D. Tex. Jan. 23, 2013) ($1000 sanction against serial habeas filer, with court clerk directed to mail back to him, unfiled, all future attempted filings); Robbins v. Universal Music Group, 2013 WL 1146865 at * 2 (S.D.Ga. Mar. 19, 2013), adopted, 2013 WL 1761406 (S.D. Ga. Apr. 24, 2013).
As in Robbins, the Court is confronted with an unemployed male living off the taxpayers (Food Stamps) and his own kin (his grandmother). See doc. 4 at 1. His financial status has remained unchanged since 2011. Compare CV411-313, doc. 26 at 2 ("Moore has renewed his IFP motion, attesting that he is jobless, has no assets, lives with his grandmother, and receives $200 food stamps plus '$10 to $20 monthly from [his] grandmother,' who lives on social security.") with CV413-104 doc. 4 (same indigency representations except no mention of social security).
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Accordingly, this case should be DISMISSED and a $100 filing bond should be imposed, to be paid as a precondition to any further civil lawsuits before any federal district court. Moore's motion to strike the Clerk's deficiency notice (doc. 5) is DENIED as frivolous.
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UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA