Cervantes v. Pratt, et al

Filing 343

ORDER overruling Plaintiffs objections to the Magistrate Judges Report and Recommendation. ADOPTING REPORT AND RECOMMENDATIONS 313 as the order of this Court. Granting 300 Motion Requesting the Court to Order Plaintiff to Cease Serving Felix Jabc zenski, M.D., With Discovery and Other Documents in This Matter. Plaintiff shall serve no further pleadings, papers or documents on Dr. Jabczenski or his counsel in this matter. If Plaintiff does not cease such service as directed by this order Plaintiff shall be subject to sanctions up to and including the dismissal of Plaintiffs case. Signed by Judge Susan R Bolton on 2/6/08. (DMT, )

Cervantes v. Pratt, et al

Doc. 343

1 2 3 4 5 6 7 8 9 10 11 Richard Pratt, et al., 12 Defendants. 13 14 15 vs. Louis T. Cervantes, Plaintiff,

NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

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No. CV04-1004-PHX-SRB ORDER

Pending before the Court is a Report and Recommendation of the Magistrate Judge 16 recommending that Defendant Jabczenski's motion that the Court order Plaintiff to cease 17 serving him with pleadings and documents be granted. On January 28, 2008, Plaintiff filed 18 objections to the Report and Recommendation and a request for oral argument. The 19 objections will be overruled. The request for oral argument is denied. 20 Defendant Jabczenski was first dismissed from this case in 2004. Plaintiff filed an 21 amended complaint renaming him in January 2005. Later, the Court granted summary 22 judgment in favor of Defendant Jabczenski dismissing Plaintiff's Eighth Amendment claims 23 of improper medical care against him. This ruling was affirmed on appeal. 24 After remand from the Court of Appeals, this Court held a status conference and 25 confirmed to the Plaintiff that the only matters pending before the Court were a retaliation 26 claim against Defendants Schriro, Baird, Macabuhay, Stapler, Sloan, Pratt and Jones and an 27 excessive force claim against Defendant Karkhoff. Although no longer a party, Plaintiff has 28

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continued to deluge Defendant Jabczenski with paper and to assert that he is still a Defendant in this case liable for retaliation. He is not. In his objection to the Magistrate Judge's Report and Recommendation Plaintiff states that the Magistrate is biased and highly prejudiced against him because the Report and Recommendation notes that Plaintiff is a potentially vexatious litigant who has filed excessive and frivolous motions. The Court agrees with the Magistrate Judge that the Plaintiff is a potentially vexatious litigant and that he has filed excessive and clearly frivolous motions as well as frivolous objections to other rulings of the Magistrate Judge. Plaintiff's objections are without merit and will be overruled. IT IS ORDERED overruling Plaintiff's objections to the Magistrate Judge's Report and Recommendation. IT IS FURTHER ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court. (Doc. 313). IT IS FURTHER ORDERED granting Felix Jabczenski, M.D.'s Motion Requesting the Court to Order Plaintiff to Cease Serving Felix Jabczenski, M.D., With Discovery and Other Documents in This Matter. (Doc. 300). IT IS FURTHER ORDERED that Plaintiff shall serve no further pleadings, papers or documents on Dr. Jabczenski or his counsel in this matter. If Plaintiff does not cease such service as directed by this order Plaintiff shall be subject to sanctions up to and including the dismissal of Plaintiff's case.

DATED this 6th day of February, 2008.

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