Selden v. Trump et al

Filing 9

ORDER adopting 6 Report and Recommendations. The Amended Complaint (Doc. 4) is DISMISSED with prejudice. The Clerk is directed to STRIKE Plaintiff's original complaint (Doc. 1), Amended Complaint, (Doc. 4), and "Notice of Inquirery&quo t; (Doc. 7) from the docket. The Clerk is directed to enter judgment, which shall read "This case is dismissed with prejudice." The Clerk is directed to CLOSE this case and mail Plaintiff a copy of this Order. Signed by Judge Kathryn Kimball Mizelle on 1/7/2025. (KMP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
GLENN LEE SELDEN,
Plainti?,
v.

Case No. 8:24-cv-2808-KKM-TGW

U.S. PRESIDENT DONALD TRUMP et al.,
Defendants.
ORDER
The United States Magistrate Judge recommends dismissal of Glenn Lee
Selden’s Amended Complaint without leave to amend. (Doc. 6). Selden did not
object. Considering the record, I adopt the Report and Recommendation for the
reasons stated therein.
After conducting a careful and complete review of the ?ndings and
recommendations, a district judge may accept, reject, or modify a magistrate
judge’s Report and Recommendation. 28 U.S.C. § 636(b)(1). If a party ?les a timely
and speci?c objection to a ?nding of fact by a magistrate judge, the district court
must conduct a de novo review with respect to that factual issue. Stokes v.
Singletary, 952 F.2d 1567, 1576 (11th Cir. 1992). The district court reviews legal
conclusions de novo, even in the absence of an objection. See Cooper-Houston v. S.
Ry. Co., 37 F.3d 603, 604 (11th Cir. 1994); Ashworth v. Glades Cnty. Bd. of Cnty.
Comm’rs, 379 F. Supp. 3d 1244, 1246 (M.D. Fla. 2019).
The Magistrate Judge recommends dismissal of the action based on the
Magistrate Judge’s conclusion that the action is frivolous. See 28 U.S.C.
§ 1915(e)(2)(B)(i) (“Notwithstanding any ?ling fee, or any portion thereof, that

may have been paid, the court shall dismiss the case at any time if the court
determines that . . . the action or appeal . . . is frivolous.”). “A claim is frivolous if
it is without arguable merit either in law or fact.” Bilal v. Driver, 251 F.3d 1346, 1349
(11th Cir. 2001); see Roberson v. Crawford, 638 F. Supp. 3d 1354, 1357 (M.D. Fla. 2022)
(“Section 1915(e)(2)(B)(i) dismissals should only be ordered when the legal
theories are ‘indisputably meritless,’ or when the claims rely on factual allegations
which are ‘clearly baseless.’ ” (?rst quoting Neitzke v. Williams, 490 U.S. 319, 327
(1989); then quoting Denton v. Hernandez, 504 U.S. 25, 32 (1992))). After reviewing
the Magistrate Judge’s recommendation, I agree that Selden’s action is frivolous.
The Magistrate Judge also recommends that Selden’s complaint should be
dismissed with prejudice and therefore without leave to amend. (Doc. 6) at 2. The
Magistrate Judge notes that leave to amend would be futile because Selden’s
amended complaint “contains delusional comments and false, scurrilous, and
impertinent matter” and “[i]t clearly violates multiple Federal Rules of Civil
Procedure, including Rules 8, 10, 11, and 12(f).” Id. After reviewing the Magistrate
Judge’s recommendation, I agree that the complaint must be dismissed with
prejudice.
Further, I also agree with the Magistrate Judge that Selden’s complaint
should be stricken from the court docket. Id. at 3; see FED. R. CIV. P. 12(f). Selden’s
original complaint, (Doc. 1), and his “Notice of Inquirery”, (Doc. 7), should also be
stricken under Federal Rule 12(f). Both contain voluminous amounts of
“redundant, immaterial, impertinent, or scandalous matter,” Federal Rule 12(f),
including an unrelated death certi?cate, (Doc. 1-7) at 9, Selden’s birth certi?cate

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and social security number, (Doc. 7) at 20, and a State of Florida Department of
Education vocational certi?cate of competency, id. at 21.
Accordingly, it is ORDERED:
1.

The Magistrate Judge’s Report and Recommendation (Doc. 6) is
ADOPTED and made a part of this Order for all purposes.

2.

The Amended Complaint (Doc. 4) is DISMISSED with prejudice.

3.

The Clerk is directed to STRIKE Plainti?’s original complaint (Doc.
1), Amended Complaint, (Doc. 4), and “Notice of Inquirery” (Doc. 7)
from the docket.

4.

The Clerk is directed to enter judgment, which shall read “This case
is dismissed with prejudice.”

5.

The Clerk is directed to CLOSE this case and mail Selden a copy of
this Order.

ORDERED in Tampa, Florida, on January 7, 2025.

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