Bernath v. Seavey

Filing 259

ORDER adopting 255 REPORT AND RECOMMENDATIONS re 109 MOTION for miscellaneous relief, specifically Declare Plaintiff Vexatious Litigant filed by The American Legion (National), Mark Cameron Seavey. The Report and Recommendat ion 255 is ACCEPTED and ADOPTED and the findings incorporated herein. Defendants' Combined Motion to Declare Plaintiff Daniel Bernath a Vexatious Litigant 109 is GRANTED in part and DENIED in part. It is granted to the extent that the Court declares Bernath a vexatious litigant. But the motion is denied without prejudice as to Defendants' request for monetary sanctions and attorneys' fees and costs against Bernath. The Court imposes a pre-filing injunction requiring Bernath to (a) obtain leave of court before filing any new actions in this Court or any court in Florida; and (b) attach to future complaints a list of all cases previously filed involving the same, similar, or related cause of action. Signed by Judge Sheri Polster Chappell on 9/5/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
DANIEL A. BERNATH,
Plaintiff,
v.

Case No: 2:15-cv-358-FtM-38CM

MARK CAMERON SEAVEY,
Defendant.
/
OPINION AND ORDER1
This matter comes before the Court on United States Magistrate Judge Carol
Mirando’s Report and Recommendation.

(Doc. 255).

Judge Mirando recommends

granting in part and denying without prejudice in part Defendants’ Combined Motion to
Declare Plaintiff Daniel Bernath a Vexatious Litigant (Doc. 109). Bernath, appearing pro
se, has filed a Response to the Recommendation of the Magistrate Judge, which offers
little information relevant to the Report and Recommendation. (Doc. 256). Instead, the
Response accuses Defendants Mark Seavey and the American Legion of attempting to

1

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murder him. (Doc. 256).2 Defendants have not responded to Bernath’s response, and
the time to do so has expired.
A district judge “may accept, reject, or modify in whole or in part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). The district
judge “shall make a de novo determination of those portions of the report or specified
proposed findings or recommendations to which objection is made.” Id. And “[t]he judge
may also receive further evidence or recommit the matter to the magistrate judge with
instructions.” Id.
After examining the file carefully and independently, and upon considering Judge
Mirando’s findings and recommendations, the Court accepts and adopts the Report and
Recommendation.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 255) is ACCEPTED and ADOPTED
and the findings incorporated herein.
(2) Defendants’ Combined Motion to Declare Plaintiff Daniel Bernath a Vexatious
Litigant (Doc. 109) is GRANTED in part and DENIED in part. It is granted to
the extent that the Court declares Bernath a vexatious litigant. But the motion
is denied without prejudice as to Defendants’ request for monetary sanctions
and attorneys’ fees and costs against Bernath.

2

A day after Bernath filed his response to the Report and Recommendation, he also filed
a document titled, “additional attempts to harm Plaintiff and others July 2017, August 2017
Aircraft fuel pump sabotaged, Aircraft fuel tank sabotaged.” (Doc. 258). This filing is
equally immaterial to the Report and Recommendation.

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(3) The Court imposes a pre-filing injunction requiring Bernath to (a) obtain leave
of court before filing any new actions in this Court or any court in Florida; and
(b) attach to future complaints a list of all cases previously filed involving the
same, similar, or related cause of action.
DONE and ORDERED in Fort Myers, Florida this 5th day of September 2017.

Copies: All Parties of Record

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