Rochester v. Thrash et al

Filing 28

ORDER denying 24 Motion for Writ of Mandamus; denying 27 Motion to Set Aside Judgment; denying 27 Motion to Appoint Counsel. Signed by Judge J. Randal Hall on 09/09/2014. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

JULIAN E.

ROCHESTER,

*
*

Petitioner,

*
*

v.

*

CV 112-184

*

T.W.

THRASH,

B.

OBAMA,

ET AL.,

*
*

Respondents.

*

ORDER

Presently pending before the Court are Petitioner's motions to
set aside judgment, to appoint counsel, and for writ of mandamus to

compel the Clerk of Court to docket a purported habeas petition
that Petitioner filed in February.
extent

the

Petitioner's

fantastic

motions

allegations

are

of

(Doc. nos.
decipherable,

a

"nation

a United States Attorney,

limit his

Further,

access

to

Petitioner

the

courts.

again

they

wide

involving the President of the United States,
judges,

24 and 27.)
merely

[sic]

To the
repeat

conspiracy"

a number of federal

and United States Marshalls to
(Doc.

recites

that

no.

he

27,

was

pp.

1,

3,

8,

"kidnapped"

9.)

from

Augusta, Georgia by "SCDC," and requests that the Court "save his
life by med[ical]

care . . . once

removed

from

his

kidnappers."

(Id. at p. 7.)1

1
The Court acknowledges that Petitioner was adjudged mentally ill by
order of the Darlington County, South Carolina Probate Court on December 17,
2010 (Doc. 27, p. 2) and that Petitioner asserts he was "beaten 251 times"
and is "suffering and [ ] dying from lack of med[ical] cares [sic]" (Id. at

p. 3).

To the extent Petitioner seeks to base any claim for relief on these

Upon

due

Court's

Order

Recommendation

motion

to

set

consideration
adopting
(Doc.

no.

aside

and

the
11)

and

judgment

for

the

reasons

Magistrate
first

(Doc.

Judge's

Order

no.

stated

Report

denying

14),

September,

ENTERED

at

the
and

Petitioner's

all

Petitioner's

motions are hereby DENIED.

ORDER

in

.

Augusta,

Georgia,

this

I

day

of

2014.

HONQRABpE J. RANDAL HALL
UNITEDySTATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

conclusory allegations, his claim falls well short of establishing "imminent
danger of serious physical injury" in accordance with 28 U.S.C. § 1915(g).
See Skillern v. Jackson, No. CV606-49, 2006 WL 1687752, at *2 (S.D. Ga. June

14, 2006)

(citing Brown v. Johnson, 387 F.3d 1344, 1349-50 (11th Cir. 2004));

see also March 4, 2013 Order, Doc. 11, p. 3 (finding this Court lacks

jurisdiction over Petitioner's habeas petition and that Petitioner may not
seek non-habeas relief on account of repeated frivolity and failure to
establish "imminent danger of serious physical injury").