Brett v. U.S. Marshall Rodriguez et al

Filing 9

ORDER approving and adopting 8 Report and Recommendations. The 1 Complaint is dismissed and 2 Motion to appoint counsel, denying 4 Motion for Leave to Proceed in forma pauperis and 7 motion to amend/correct are all denied. The Clerk is directed to delete 3 Motion to Seal from CM/ECF and to return the document to Plaintiff and unseal the case. Plaintiff is prohibited from filing additional cases in the Orlando Division before prescreening by the senior Magistrate Judge. In the event Plaintiff Frank Brett attempts to file a complaint in this division, any such future complaints are subject to the following prescreening procedures: The Clerk is DIRECTED to forward all such complaints to the senior Magistrate Judge for preli minary review and screening. The Magistrate Judge will then determine whether the Complaint has arguable merit. 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 ef fect 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. If the complaint is found to have no arguable merit, the Magistrate Ju dge shall enter an order stating such findings and docket the order in this file. The Clerk's Office shall enter a copy of the complaint in this file and return the original complaint to Plaintiff. If Plaintiff's complaint is found to be meritless, Plaintiff may be subject to monetary and/or other sanctions as the Court deems appropriate. Signed by Senior Judge G. Kendall Sharp on 3/23/2017. (MAA)