Smith v. School Board of Brevard County, Florida et al

Filing 10

ORDER adopting 8 REPORT AND RECOMMENDATION re 2 MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Dontavious Sherrode Smith; case is dismissed with prejudice; all pending motions denied as moot; that Plaintiff shall show cause in writing within 15 days hereof why sanctions should not be imposed for violating the Courts prior order. Signed by Judge Gregory A. Presnell on 5/25/2011. (TKW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DONTAVIOUS SHERRODE SMITH,,
Plaintiff,
-vs-

Case No. 6:11-cv-731-Orl-18DAB

SCHOOL BOARD OF BREVARD
COUNTY, et al.,
Defendants.
_____________________________________

ORDER
This matter comes before the Court on the Report and Recommendation of Magistrate
Judge Spaulding (Doc. 8) and Plaintiff’s objection thereto (Doc. 9). In her Report and
Recommendation, Judge Spaulding recommends that the Complaint in this case be dismissed with
prejudice because it is foreclosed by the proceedings in Case No. 6:09-cv-2033-Orl-31KRS.
In his objection, Smith does not address the merits of the legal issue; instead, he relies on
his indigent status and asserts generally that it would be unfair to dismiss his Complaint.
The Court’s patience with Smith’s frivolous claims and vexatious conduct has come to an
end. In Case No. 6:09-cv-2033-Orl-31KRS, the Court admonished Plaintiff to “cease his
vexatious conduct” and warned that “If he continues to burden the Court with frivolous motions,
sanctions will be imposed.” (Doc. 83).
The present Motion appears to violate the Court’s prior admonition. Accordingly, it is
ORDERED that:

1.

The Report and Recommendation of Magistrate Judge Spaulding is CONFIRMED

and ADOPTED as part of this Order; and
2.

Plaintiff’s Complaint is DISMISSED with prejudice.

It is further ORDERED that Plaintiff shall show cause in writing within 15 days hereof
why sanctions should not be imposed for violating the Court’s prior order.
DONE and ORDERED in Chambers, Orlando, Florida on May 25, 2011.

Copies furnished to:
Counsel of Record
Unrepresented Party

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