Smith v. Critelli's Auto Mart, LLC et al

Filing 17

ORDER -- The Clerk is DIRECTED to terminate all pending motions and to CLOSE this file. In addition to docketing this Order in this file, the Clerk is DIRECTED to open a miscellaneous file ("Miscellaneous File") and docket this Order t herein. All future complaints filed by Dontavious Tay Smith in the Orlando Division of the United States District Court for the Middle District of Florida are subject to pre-screening procedures. See Order for Details. Signed by Judge Roy B. Dalton, Jr. on 11/23/2015. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

DONTAVIOUS TAY SMITH,

Plaintiff,
v.

Case No. 6:15-cv-527-Orl-37KRS

CRITELLI’S AUTO MART, LLC;
NICHOLAS C. CRITELLI; AMSCOT
FINANCIAL, INC.; CREDIT ONE BANK,
N.A.; TD BANK, N.A.,
Defendants.

ORDER
This cause is before the Court sua sponte. On October 29, 2015, the Court entered
an Order addressing Plaintiff Dontavious Tay Smith’s history of frivolous filings in the
Middle District of Florida and other districts. (Doc. 16 (“October 29 Order”).) In light of
such history, the Court ordered Plaintiff to show cause by November 9, 2015, why a
screening order should not be imposed on his future filings. Id. Plaintiff failed to respond
to the October 29 Order by the requisite deadline. Therefore, pursuant the Court’s findings
in its October 29 Order, a limited restriction on additional filings by Plaintiff in this District
is warranted. See, e.g., Martin-Trigona v. Shaw, 986 F.2d 1384, 1386–87 (11th Cir. 1993)
(affirming dismissal of action filed in derogation of an injunction limiting a frivolous filer=s
access to court). Specifically, Plaintiff is precluded from filing additional lawsuits in this
District without pre-screening by a judicial officer.

Accordingly, it is hereby ORDERED AND ADJUDGED:
1.

The Clerk is DIRECTED to terminate all pending motions and to CLOSE
this file.

2.

In addition to docketing this Order in this file, the Clerk is DIRECTED to
open a miscellaneous file (“Miscellaneous File”) and docket this Order
therein.

3.

All future complaints filed by Dontavious Tay Smith in the Orlando Division
of the United States District Court for the Middle District of Florida are
subject to the following pre-screening procedures: The Clerk is DIRECTED
to forward all such complaints to the senior Magistrate Judge in the Orlando
Division for preliminary review and screening. The Magistrate Judge will
then determine whether the complaint has arguable merit.
a.

If the action is found to be arguably meritorious—with a basis in both
law and fact—the Magistrate Judge shall issue an order to that effect
and direct the Clerk of Court to file the complaint for normal
assignment. The order of the Magistrate Judge shall be docketed
along with the complaint in the new civil case.

b.

If the complaint is found to have no arguable merit, the Magistrate
Judge shall enter an order stating such findings and docket the order
in the Miscellaneous File. The Clerk’s Office shall then enter a copy
of the complaint in the Miscellaneous File and return the original
complaint to Plaintiff. If Plaintiff’s complaint is found to be meritless,
Plaintiff may be subject to monetary sanctions in the amount of

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$500.00 per case and/or such other sanctions as the Court deems
appropriate.
DONE AND ORDERED in Chambers in Orlando, Florida, on November 23, 2015.

Copies:
Pro Se Party

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