Harpo v. City of Atlanta et al

Filing 8

OPINION AND ORDER denying as moot 4 , 5 , 6 , 7 all pending motions. Signed by Judge William S. Duffey, Jr on 4/13/2016. (anc)

OPINION AND ORDER
This matter is before the Court on Plaintiff Wilhy Harpo’s (“Plaintiff”)
following motions filed in Civil Action No 1:16-cv-1065: “Motion to Supplement
Incomplete Filings” [5], Plaintiff’s Emergency Petition for Automatic Stay &
Petition for Temporary Restraining Order & Petition for Permanent Injunction &
Petition for Declaratory Judgment & Petition for Mandamus,” [6] and “Plaintiff’s
Motion to Reinstate Case & Emergency Motion for Temporary Restraining Order
& Set Emergency Hearing for Preliminary Injunction” [7]. Also before the Court
are Plaintiff’s following motions filed in Civil Action No. 1:16-cv-1066: “Motion
to Supplement Incomplete Filings” [5], “Plaintiff’s Motion to Reinstate Case &
Emergency Motion for Temporary Restraining Order & Set Emergency Hearing
for Preliminary Injunction” [7]. Also before the Court are Plaintiff’s following
motion’s filed in Civil Action No. 1:16-cv-1067: “Motion to Supplement
Incomplete Filings” [4], “Motion to Replace Incomplete Filings” [5], “Emergency
(Original Consolidated) Petition for Emergency Temporary Injunction & Petition
for Permanent Injunction” [6], and “Plaintiff’s Motion to Reinstate Case &
Emergency Motion for Temporary Restraining Order & Set Emergency Hearing
for Preliminary Injunction” [7] (together with the motions filed in Civil Action
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Nos. 1:16-cv-1065 and 1:16-cv-1066, the “Post-Dismissal Motions”).
On March 31, 2016, Plaintiff filed applications for leave to proceed in forma
pauperis and motions seeking various injunctive relief in each of the
above-captioned actions (the “Actions”). On April 1, 2016, the Court entered
orders in the Actions. ([2]). In the orders, the Court noted that, because Plaintiff is
a frequent filer of frivolous lawsuits, the Court has previously ordered Plaintiff “to
disclose his full litigation history in any civil rights complaint and/or [IFP]
affidavit that he files.” See Harpo v. City of Atlanta, No. 1:14-cv-2157-WSD
(N.D. Ga. 2014) (ECF No. 2 at 1-2); Harpo v. Fulton Cty. Sheriff, No. 1:14-cv2208-WSD (N.D. Ga. 2014) (ECF No. 2 at 1-2).
Plaintiff failed to disclose his full litigation history in his applications to
appeal IFP or in the other documents filed in the Actions, and the Court dismissed
the Actions pursuant to Local Rule 41.3(A)(2), NDGa, for failure to comply with a
lawful order of the Court.
On April 5 and 6, 2016, Plaintiff filed his Post-Dismissal Motions. The
Post-Dismissal Motions do not disclose Plaintiff’s full litigation history. Further,
the Post-Dismissal Motions seek relief in actions that the Court has dismissed. The
Court thus denies all of Plaintiff’s Post-Dismissal Motions as moot.
For the foregoing reasons,
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IT IS HEREBY ORDERED that all pending motions in Civil Action Nos.
1:16-cv-1065, 1:16-cv-1066, and 1:16-cv-1067 are DENIED AS MOOT.

SO ORDERED this 13th day of April, 2016.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

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