MATHIS v. TISDALE et al

Filing 30

ORDER dismissing 29 Motion of Contempt Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 03/24/2023 (elp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MICHAEL MATHIS,
VS.

Plaintiff,

Assistant District Attorney TISDALE,
et al.,
Defendants.
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NO. 5:15-CV-188-LJA-CHW
Proceedings Under 42 U.S.C. § 1983
Before the U.S. Magistrate Judge

ORDER
Pro se Plaintiff Michael Mathis filed a civil rights complaint pursuant to 42 U.S.C. § 1983,
which was dismissed without prejudice over seven years ago. (Docs. 10, 11). Since the case was
dismissed, Plaintiff has filed letters and motions to execute a judgment as if he received one in his
favor. (Docs. 12-13, 15, 16, 18, 20-23, 25-27). The Clerk of Court has informed the Plaintiff that
no judgment exists in his favor (Docs. 14, 17, 19), and the Court has dismissed these motions as
futile. (Docs. 24, 28).
Now pending before the Court is Plaintiff’s motion for contempt against the State of
Georgia; the Georgia Department of Human Services, Child Support Division; and David Bunt,
the Clerk of Court for the Middle District of Georgia (Doc. 29), none of which were parties to the
dismissed suit. Plaintiff’s motion alleges a conspiracy against him between the Child Support
Division and Mr. Bunt based upon alleged fraud for Mr. Bunt’s informing Plaintiff that he did not
receive a judgment in his favor and that this case was dismissed. (Id.)
As Plaintiff has been previously advised, this case is closed, and he did not receive a
judgment in his favor. Therefore, is no judgment to execute, collect, or on which to hold someone
in contempt. Even if the above-styled case had been resolved in Plaintiff’s favor, the non-parties

against whom Plaintiff now seeks contempt would not be subject to that judgment. Just as with
Plaintiff’s previous motions, his motion for contempt (Doc. 29) is frivolous and without merit, and
is hereby DISMISSED.
SO ORDERED, this 24th day of March, 2023.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge

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