Mitchell v. Vesely et al

Filing 8

ORDER: The Clerk is directed to strike Docs. 5 and 7 from the docket. Plaintiff is prohibited from filing any similar documents in this case, meaning purported orders from the "De Jure United States District Court." Failure to comply with this Order could result in the Plaintiff's case being dismissed without further notice. Signed by Judge James S. Moody, Jr on 9/19/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
ROOSEVELT MITCHELL,
Plaintiff,
v.

Case No: 5:17-cv-325-Oc-30PRL

BRANDON VESELY, VICTOR J.
MUSLEH, GREGORY ADAM
WALLACH, GRAY ROBINSON,
TERRANCE W. ANDERSON, EDWARD
B. PRITCHARD and JAMES DIMON,
Defendants.

ORDER
THIS CAUSE comes before the Court sua sponte. Plaintiff Roosevelt Mitchell has
filed two notices in this case. (Docs. 5 and 7). In the first, Plaintiff filed a purported order
to cease and desist from “The De Jure United States District Court District of Florida.”
(Doc. 5). The purported order, signed by Plaintiff as “Attornatus Privatus” and “Superior
Court Judge” Maximus Aguilar, ordered Lisa Herndon to stop all actions against Plaintiff,
and threatened to hold in contempt anyone who interfered with the court. (Doc. 5). The
second notice, also signed by Plaintiff and Maximus Aguilar, purports to be an order
dropping Victor J. Musleh—a senior judge in the Fifth Judicial Circuit of Florida—as a
Defendant. (Doc. 7).
Federal Rule of Civil Procedure 12(f) provides that the Court may, on its own, order
“any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter”

stricken from the record. The notices—or purported “orders” filed by Plaintiff—certainly
qualify as immaterial, impertinent, or scandalous. They are, to be succinct, fake nonsense
and without legal authority. There is no “De Jure United States District Court” that has
authority to order anyone to do anything. And there is no superior court in Florida over
which Maximus Aguilar—if that person even exists—could preside. So the Court finds it
appropriate to strike these fraudulent orders.
Accordingly, it is ORDERED AND ADJUDGED that:
1.

The Clerk is directed to strike Docs. 5 and 7 from the docket.

2.

Plaintiff is prohibited from filing any similar documents in this case, meaning
purported orders from the “De Jure United States District Court.” Failure to
comply with this Order could result in the Plaintiff’s case being dismissed
without further notice.

DONE and ORDERED in Tampa, Florida, this 19th day of September, 2017.

Copies furnished to:
Counsel/Parties of Record

2