Rivera v. US Attorney General

Filing 15

ORDER ADOPTING REPORT OF MAGISTRATE JUDGE (D.E. 12) AND DENYING MOTION TO REOPEN (D.E. 9). Signed by Judge Joan A. Lenard on 9/5/08. (lc2)

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UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 05-21208-CV-LENARD/WHITE V IN C E N T FAUSTINO RIVERA, P l a in tif f , vs. J U D I C I A L CONFERENCE ET AL, Defendants. ________________________________/ O R D E R ADOPTING REPORT OF MAGISTRATE JUDGE (D.E. 12) AND D E N Y I N G MOTION TO REOPEN (D.E. 9) T H I S CAUSE is before the Court on the Report of Magistrate Judge ("Report," D.E. 1 2 ) filed on January 9, 2008. In his Report, Magistrate Judge White recommends that the C o u rt deny Plaintiff's Motion to Reopen (D.E. 9), filed on December 27, 2007. Plaintiff f ile d Objections to the Report (D.E. 13) on January 23, 2008. In the Report, Magistrate Judge White notes that Plaintiff has filed at least forty-one c iv i l rights complaints in this court, and at least twenty of his last complaints have been d is m is s e d as successive, in violation of the Prison Litigation Reform Act. In this case, P la in tif f 's complaint was frivolous, and successive, and the complaint was dismissed p u r s u a n t to 28 U.S.C. 1915(g), on May 11, 2005 (D.E. 5). A dismissal pursuant to 28 U .S .C . 1915 (g) does not bar Plaintiff from the Court, but does not allow him to proceed in f o rm a pauperis. If the plaintiff pays the Clerk's $350.00 filing fee, he may proceed. The only e x c e p tio n to this rule is if the plaintiff can show he is in immediate danger. The Magistrate J u d g e found that Plaintiff has failed to demonstrate that his situation constitutes an exception to the procedural bar. F u r th e r, the Magistrate Judge found that Plaintiff's Motion to Reopen, filed two and a half years later is out of time and does not contain any meaningful or substantive reason to re o p e n the case. In his Objections, Plaintiff fails to articulate any specific objection to the Report. In a n y event, pursuant to 28 U.S.C. 636(b)(1), the Court has reviewed the Report, the O b jec tio n s, and the record de novo, and finds that, for the reasons laid out by the Magistrate J u d g e in his Report, it is hereby: O R D E R E D AND ADJUDGED that: 1. T h e Report of Magistrate Judge Patrick A. White (D.E. 12), issued on J a n u a r y 9, 2008, is ADOPTED. 2. T h e Motion to Reopen Case (D.E. 9), filed on or about December 27, 2007 is DENIED. D O N E AND ORDERED in Chambers at Miami, Florida this 5th day of September, 2008. ___________________________________ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE 2 cc: U.S. Magistrate Patrick A. White Vincent Faustino Rivera, pro se Counsel of Record 3

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