Torres v. Roberts, Jr.

Filing 3

ORDER adopting 1 --REPORT AND RECOMMENDATIONS; directing the clerk to ENTER JUDGMENT for $250 for the United States and against Marco Manuel Torres; directing Torres to pay $250 to the clerk by 4/21/2017; directing the clerk to RETURN to Torres the December 15, 2016 and December 19, 2016 complaints and to CLOSE the case; injunction remains in effect. See order for further instructions. Signed by Judge Steven D. Merryday on 2/27/2017. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MARCO MANUEL TORRES,
Plaintiff,
v.

CASE NO. 8:17-mc-15-T-23TGW

JOHN G. ROBERTS, et al.,
Defendants.
____________________________________/
ORDER
A frequent filer of frivolous actions, Marco Torres often sues the judiciary. A
September 10, 2008 order (Doc. 7, case no. 08-cv-1605) requires that a magistrate
judge screen each complaint before the clerk dockets the complaint and that the clerk
return a frivolous complaint to Torres without docketing the complaint. The
September 10 order warns that the filing of a frivolous complaint, which wastes
limited and valuable judicial resources, will “subject [Torres] to sanction including
monetary assessment.”
In Torres’s most recent action, Torres sues individually each Justice of the
United States Supreme Court, apparently for denying a writ of certiorari in another
frivolous action. Magistrate Judge Wilson explains (Doc. 1) that the complaint is “so
muddled that it [i]s virtually impossible to discern what Torres [] allege[s].” Because
the September 10 order failed to deter Torres’s filing of frivolous complaints,

Magistrate Judge Wilson recommends (Doc. 1 at 3–4) imposing a monetary sanction
“not less than $250.00 per frivolous complaint and in proportion to the expenditure
of the public and private resources attributable to the frivolous complaint.”
Torres’s objection (Doc. 2) shows the necessity of an effective deterrent. The
twenty-five-page objection contains eighty-four paragraphs of gibberish, and Torres
inserts legal phrases randomly throughout the objection. Because a monetary
sanction appears necessary to deter Torres’s filing of frivolous papers, Magistrate
Judge Wilson’s recommendation (Doc. 1) is ADOPTED. The clerk is directed to
enter judgment in the amount of $250 for the United States and against Marco
Manuel Torres, which Torres must pay to the clerk no later than APRIL 21, 2017.
The clerk is directed to return to Torres the December 15, 2016 and
December 19, 2016 complaints and to close this case. The pre-filing injunction in the
September 10, 2008 order remains in effect. Also, Torres must include a copy of this
order with every initial complaint or other initial paper that Torres files in a court of
the United States. The filing of another frivolous paper will result in an another
monetary sanction.
ORDERED in Tampa, Florida, on February 27, 2017.

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