Kim v. The Twelfth Judicial Circuit Court et al

Filing 26

ORDER directing the Clerk to reassign these cases to the undersigned; dismissing these cases with prejudice; directing the Clerk to terminate all pending motions and close the files. Signed by Judge Timothy J. Corrigan on 1/7/2021. (SRW)

Case 8:20-cv-02934-TJC-CPT Document 26 Filed 01/07/21 Page 1 of 5 PageID 1400

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MICHAEL KIM, an individual,
Plaintiff,
v.

Case No. 8:20-cv-2934-T-35CPT

THE TWELFTH JUDICIAL
CIRCUIT COURT, HUNTER W.
CARROLL, an individual,
MICHAEL MORGAN, an
individual, WESTWATER
CONSTRUCTION INC., a Florida
corporation, MARK S. MILLER, an
individual, SHIRIN M. VESELY, an
individual, SADDLE OAK
ESTATES COMMUNITY
ASSOCIATION, INC., a Florida
corporation, PAVEL BALCAR, an
individual, inclusive, STATE OF
FLORIDA, ATTORNEY GENERAL,
STATE OF FLORIDA, ASHLEY
MOODY, an individual,
SAMANTHA-JOSEPHINE BAKER,
an individual, UNITED STATES
DISTRICT COURT FOR THE
MIDDLE DISTRICT OF FLORIDA,
Tampa Division, UNITED STATES
BANKRUPTCY COURT FOR THE
MIDDLE DISTRICT OF FLORIDA,
Tampa Division, UNITED STATES
OF AMERICA, and MARY S.
SCRIVEN, an individual, inclusive,
Defendants.

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MICHAEL KIM, an individual,
Plaintiff,
v.

Case No. 8:20-cv-3041-T-36AAS

UNITED STATES DISTRICT
COURT FOR THE MIDDLE
DISTRICT OF FLORIDA, UNITED
STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF
FLORIDA, UNITED STATES OF
AMERICA, MARY S. SCRIVEN, an
individual, ASHLEY MOODY, an
individual, SAMANTHAJOSEPHINE BAKER, an
individual, and HUNTER
CARROLL, an individual,
Defendants.

ORDER
These cases are before the Court on referral to the undersigned as Chief
Judge from the assigned district judges who have recused themselves and
request that the cases be reassigned to another judge. See Orders, Doc. 21 in
Case No. 8:20-cv-2934 and Doc. 18 in Case No. 8:20-cv-3041. Both lawsuits are
ad hominem attacks by pro se plaintiff Michael Kim against anyone and
everyone associated with his underlying legal issues, including federal judges,
a state court judge, the entire Twelfth Judicial Circuit, Florida’s attorney
general, the entire Middle District of Florida, the Bankruptcy Court, the United

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States, and anyone else Kim deems to have played any role in his legal troubles.
Because Kim’s tactics involve suing any judge who rules against him, 1 the
undersigned declines to ask yet another judge to become a target and likely new
defendant in this frivolous and vexatious litigation and will instead assign both
cases to himself. Kim’s attempts to prolong litigation by suing every judge
need not be tolerated. See, e.g., Gullett-El v. Corrigan et al., No. 3:17-cv-881J-32JBT (M.D. Fla. August 1, 2017) (Doc. 6); Cuyler v. Presnell, No. 6:11-cv623-Orl-22DAB (M.D. Fla. July 8, 2011) (Doc. 9 at 2 ¶ 2) (“The Court will not
further enable the Plaintiffs in their abusive strategy of judge-shopping. Under
these unique circumstances, the undersigned judge determines that her recusal
is unwarranted.”).
Further, having now reviewed these complaints, they are both due to be
dismissed in their entirety.

The named judges enjoy absolute judicial

immunity for acts in their role as judges, see, e.g., McCree v. Griffin, No. 1914646-A, 2020 WL 2632329, at *1 (11th Cir. May 20, 2020), and the allegations
against the other defendants, as pleaded, are frivolous. See, e.g., Mallard v.
For example, on October 22, 2020 in Kim v. McEwen, et al., No. 8:20-cv2225-T-02TGW, the Honorable William F. Jung dismissed a lawsuit filed by
Kim against a bankruptcy judge and a state court judge on the basis of absolute
judicial immunity. See Order, Doc. 48, in No. 8:20-cv-2225-T-03TGW. Kim
then proceeded to sue Judge Jung, among others, in Kim v. United States, et
al., No. 8:20-cv-2791-T-60AAS. The Honorable Thomas P. Barber dismissed
the suit against Judge Jung (and the bankruptcy judge named again) based on
judicial immunity. See Order, Doc. 3, in No. 8:20-cv-2791-T-60AAS.
1

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U.S. Dist. Court, 490 U.S. 296, 307-08 (1989); Cuyler v. Aurora Loan Servs.,
LLC, No. 12-11824, et al., 2012 WL 10488184, at *2 (11th Cir. Dec. 3, 2012)
(explaining that, notwithstanding the payment of any filing fee, “a district court
has the inherent authority to dismiss a patently frivolous complaint”). 2
Moreover, although the Court would ordinarily allow a plaintiff (especially one
proceeding pro se) at least one opportunity to amend a complaint in an attempt
to state a claim, it need not do so where such attempt would be futile. See, e.g.,
McCree, 2020 WL 2632329, at *1. Such is the case here—the two complaints
before the Court are consistent with Kim’s history of vexatious and frivolous
litigation and further judicial resources need not be diverted to Kim’s attempt
to abuse the judicial process.3
Accordingly, it is hereby
ORDERED:
1. The Clerk is directed to reassign both of these cases to the
undersigned.
2. These cases are DISMISSED with prejudice.

It may be that at one time Kim had a real complaint against some party,
but these lawsuits, as constituted, are frivolous.
2

As further evidence of Kim’s abuse of process, Kim obtained the home
address of one of the judges named in the complaint and had a process server
serve the judge at home. This presents an obvious judicial security issue.
3

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3. The Clerk shall terminate all pending motions and deadlines and shall
close the files.
DONE AND ORDERED in Jacksonville, Florida this 7th day of
January, 2021.

tnm/s
Copies:
Honorable Mary S. Scriven
United States District Judge
Honorable Charlene Edwards Honeywell
United States District Judge
Counsel of record
Pro se Plaintiff

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