Conley v. State of Florida et al

Filing 15

ORDER: 1. Conley's Objections 13 are OVERRULED. 2. The Report and Recommendation of the Magistrate Judge 12 is adopted, confirmed, and approved in all respects, and is made a part of this Order for all purposes, including appellate r eview. 3. Conley's Motion for Relief from the Obligation to Pay the Docketing and Filing Fees, construed as a Motion for Leave to Proceed In Forma Pauperis on Appeal 11 is DENIED. 4. The Court certifies that Conley's appeal is not tak en in good faith and that Conley is not permitted to proceed on his appeal in forma pauperis. Conley must pay the appellate filing fee. 5. The Court cautions Conley that it will not hesitate to impose sanctions should he submit any additional filings containing vexatious or abusive language. Signed by Judge Charlene Edwards Honeywell on 6/6/2016. (BGS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PAUL RYAN CONLEY,
Plaintiff,
v.

Case No: 8:15-cv-2820-T-36UAM

STATE OF FLORIDA, 6TH JUDICIAL
CIRCUIT COURT, PINELLAS COUNTY
SHERIFF’S OFFICE, CITY OF LARGO,
FLORIDA, DEPARTMENT OF
CHILDREN AND FAMILIES, CITY OF
LARGO POLICE DEPARTMENT,
OFFICER JENKINS, FRANK QUESADA
and JASON CHRISTOPHER SANDERS,
Defendants.
___________________________________/
ORDER
This cause comes before the Court on the Report and Recommendation of Magistrate Judge
Elizabeth A. Jenkins (Doc. 12). In the Report and Recommendation, Magistrate Judge Jenkins
recommends that Plaintiff Paul Ryan Conley’s Motion for Relief from the Obligation to Pay the
Docketing and Filing Fees, construed as a Motion for Leave to Proceed In Forma Pauperis on
Appeal (Doc. 11) be denied. Conley filed an Objection to the Report and Recommendation (Doc.
13). This matter is therefore ripe for review.
I.

BACKGROUND
Proceeding pro se, Conley filed two motions—an “Emergency Request and Motion for

Injunction and Federal Court Order of Protection,” Doc. 6, and a “Motion for Acknowledgment as
a Citizen and as an Ambassador of Peace for the Nation of Zion,” Doc. 7. The Court denied both
motions because they were incoherent and unsupported by any basis in either law or fact, and also
deemed both motions to be frivolous. See Doc. 8. Conley thereafter filed a Notice of Appeal

concerning that order, see Doc. 9, and further filed a motion entitled “Motion for Relief from the
Obligation to Pay the Docketing and Filing Fees,” see Doc. 11. The Magistrate Judge construed
the motion as a motion for leave to proceed in forma pauperis on appeal, and recommended that
the Court deny the motion, noting that Conley has not filed an affidavit of indigency and finding
moreover that Conley’s appeal is frivolous.

See Doc. 12.

Conley now challenges that

recommendation.
II.

STANDARD OF REVIEW
When a party makes a timely and specific objection to a Magistrate Judge’s Report and

Recommendation, the district judge “shall make a de novo determination of those portions of the
report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C.
§ 636(b)(1)(C); Jeffrey S. v. State Board of Education of State of Georgia, 896 F.2d 507, 512 (11th
Cir. 1990). With regard to those portions of the Report and Recommendation not objected to, the
district judge applies a clearly erroneous standard of review. See Gropp v. United Airlines, Inc.,
817 F. Supp. 1558, 1562 (M.D. Fla. 1993). The district judge may accept, reject, or modify in
whole or in part, the Report and Recommendation of the Magistrate Judge. Fed. R. Civ. P. 72.
The district judge may also receive further evidence or recommit the matter to the Magistrate Judge
with further instructions. Id.
III.

DISCUSSION
Conley objects to the Report and Recommendation in several aspects. As determined to

the best of this Court’s ability: First, Conley claims that the Court is seeking to use its “power to
lie” in order to destroy him. Doc. 13 at 1. Second, Conley contends that the Court is “arbitrarily
stat[ing] that all the facts of this case are a lie.” Id. at 2. Third, Conley accuses the Court of acting
in a “shameless” and “criminal” manner in covering up the offenses caused by Defendants under

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the color of law. Id. at 3. Fourth, Conley suggests that he is appealing in good faith. See id. at 4.
Finally, Conley requests that the Court “repent of its evil ways,” order his release, and grant him
$700 trillion in damages. Id.
Conley’s objections are plainly frivolous and without merit, and the Court agrees in all
respects with Magistrate Judge Jenkins’ recommendation. Indeed, Conley has failed to cite any
law or fact to support his criticisms. To the extent Conley suggests that he is appealing in good
faith, the Court unequivocally rejects Conley’s position, as it is abundantly clear that, even if
Conley had any non-frivolous claims arising from the circumstances of his arrest and detention,
no such claims have been properly presented to the Court. To the contrary, the Court certifies that
Conley’s appeal is not taken in good faith.
Moreover, Conley has not filed an affidavit of indigency, without which the Court cannot
even begin to evaluate if he is entitled to proceed in forma pauperis. See 28 U.S.C. § 1915(a) (a
court may authorize a prisoner to proceed on appeal in forma pauperis only if that person “submits
an affidavit that includes a statement of all assets such prisoner possesses that the person is unable
to pay such fees or give security therefor.”).
Separately, the Court finds that not only are Conley’s objections frivolous, Conley has
acted in an abusive and vexatious manner by directing personal insults against both this Court and
the Magistrate Judge. The Court cautions Conley that, should such behavior continue, he may be
subject to sanctions. See Fed. R. Civ. P. 11. Sanctions may include, inter alia, a monetary penalty
or a prohibition against future pro se filings. See, e.g., In re Roy Day Litig., 976 F. Supp. 1460
(M.D. Fla. 1995); Schramek v. Jones, 161 F.R.D. 119, 122 (M.D. Fla. 1995).
For the reasons stated above, it is hereby ORDERED:
1.

Conley’s Objections (Doc. 13) are OVERRULED.

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2.

The Report and Recommendation of the Magistrate Judge (Doc. 12) is adopted,
confirmed, and approved in all respects, and is made a part of this Order for all
purposes, including appellate review.

3.

Conley’s Motion for Relief from the Obligation to Pay the Docketing and Filing
Fees, construed as a Motion for Leave to Proceed In Forma Pauperis on Appeal
(Doc. 11) is DENIED.

4.

The Court certifies that Conley’s appeal is not taken in good faith and that Conley
is not permitted to proceed on his appeal in forma pauperis. Conley must pay the
appellate filing fee.

5.

The Court cautions Conley that it will not hesitate to impose sanctions should he
submit any additional filings containing vexatious or abusive language.

DONE AND ORDERED in Tampa, Florida on June 6, 2016.

Copies to:
Counsel of Record and Unrepresented Parties, if any
United States Magistrate Judge Elizabeth A. Jenkins

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