Banks v. Pivnichny et al

Filing 11

ORDER adopting 10 Report and Recommendation of the Magistrate Judge. (1) The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including ap pellate review. (2) Plaintiff's Complaint 1 is DISMISSED. (3) Plaintiff's Motion for Leave to Proceed In Forma Pauperis 2 is DENIED. (4) The Clerk is directed to terminate all pending deadlines and close this file. Signed by Judge Charlene Edwards Honeywell on 8/21/2015. (BGS)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION FREDERICK BANKS, Plaintiff, v. TIMOTHY PIVNICHNY, JAMES COMEY, BARACK OBAMA, FBI, PAUL HULL, MARY BETH BUCHANAN, BRENDAN T. CONWAY, NORA BARRY FISCHER, JIM BRENNAN, CIA, CIA OFFICE OF SCIENCE AND TECHNOLOGY, THOMAS HARDIMAN, CYNTHIA REED EDDY, MITT ROMNEY, HILLARY RODHAM CLINTON, RALPH SHRADER, BOOZ ALLEN HAMILTON, JOY FLOWERS CONTI, CHARMAINE ODOM, BEN ORRISON, RONALD NEEPER, DR. WEINSTEIN, ANNE CUCCIO, CHARLES SAMUELS, DAVID ANDERCHAK, UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA, UNITED STATES PROBATION OFFICE, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, UNITED STATES SENATE, UNITED STATES CONGRESS, RICHARD BURR, TORSTEN OVE, PITTSBURGH POST GAZETTE, ANNE C. CONWAY, ELIZABETH A. KOVACHEVICH, STEVEN D. MERRYDAY, JAMES D. WHITTEMORE, JOHN E. STEELE, TIMOTHY J. CORRIGAN, VIRGINIA COVINGTON, MARCIA MORALES HOWARD, MARY S. SCRIVEN, CHARLENE E. HONEYWELL, ROY B. DALTON, JR. , SHERI POLSTER CHAPPELL, BRIAN J. DAVIS, PAUL G. BYRON, CARLOS E. MENDOZA, GEORGE C. YOUNG, WM. TERRELL HODGES, HOWELL W. MELTON, WILLIAM J. CASTAGNA, G. KENDALL Case No: 8:15-cv-1299-T-36JSS SHARP, HARVEY E. SCHLESINGER, SUSAN C. BUCKLEW, PATRICIA C. FAWSETT, HENRY LEE ADAMS, JR. , RICHARD A. LAZZARA, GREGORY A. PRESNELL, JOHN ANTOON, II , JAMES S. MOODY, JR. , THOMAS G. WILSON, ELIZABETH A. JENKINS, DAVID A. BAKER, THOMAS B. MCCOUN, III , MARK A. PIZZO, KARLA R. SPAULDING, DOUGLAS N. FRAZIER, MONTE C. RICHARDSON, JAMES R. KLINDT, GREGORY J. KELLY, ANTHONY E. PORCELLI, JOEL B. TOOMEY, THOMAS B. SMITH, PHILIP R. LAMMENS, PATRICIA D. BARKSDALE and CAROL MIRANDO, Defendants. / ORDER This cause comes before the Court upon the Report and Recommendation filed by Magistrate Judge Julie S. Sneed on August 3, 2015 (Doc. 10). In the Report and Recommendation, Magistrate Judge Sneed recommends that Plaintiff's Complaint (Doc. 1) be DISMISSED and Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Doc. 2) be DENIED.1 Plaintiff was furnished a copy of the Report and Recommendation and afforded the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). No such objections were filed. Upon consideration of the Report and Recommendation, and upon this Court's independent examination of the file, it is determined that the Report and Recommendation should be adopted. Accordingly, it is now 1 The undersigned district judge is named as a Defendant in Plaintiff’s Complaint, as are all of the district judges in this district. Under the rule of necessity, this does not bar the instant ruling on Plaintiff’s motion. See Davis v. Kvalheim, 261 F. App’x 231, 233-34 (11th Cir. 2008) (stating that “under the rule of necessity, when a defendant indiscriminately brings suit against all of the judges of a court, the judges may hear the case if there is no other judge from that court available to hear it”) (citations omitted). 2 ORDERED AND ADJUDGED: (1) The Report and Recommendation of the Magistrate Judge (Doc. 10) is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) Plaintiff’s Complaint (Doc. 1) is DISMISSED. (3) Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Doc. 2) is DENIED. (4) The Clerk is directed to terminate all pending deadlines and close this file. DONE AND ORDERED at Tampa, Florida on August 21, 2015. Copies to: The Honorable Julie S. Sneed Counsel of Record 3

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