Robbins v. Usher et al

Filing 73

ORDER denying 70 Motion to deny. Signed by Magistrate Judge G. R. Smith on 6/26/2012. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
KELVIN J. ROBBINS,
Plaintiff,
V.

USHER RAYMOND, IV, et al.,
Defendants.

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Case No. CV411-193

REPORT AND RECOMMENDATION
The Report and Recommendation (R&R) entered on June 13, 2012
in this copyright action limited pro se plaintiff Kelvin J. Robbins to just
two more filings before the district judge's R&R ruling: (1) his Fed. R.
Civ. P. 4(m) showing why the Court should not dismiss his case against
captioned defendant Usher Raymond for lack of timely service; and (2) a
Fed. R. Civ. P. 72(b)(2) Objection. Doc. 67 at 11, reported at 2012 WL
2153944. Violating that limitation, Robbins has filed (in unedited form)
a "Motion to Deny Defendant's Docket 63 and it pleadings' alleged and to
Moot Further Motion Practice by all Defendant's, & Objection." Doc. 70
at 1.

Plaintiff's "Motion to Deny" supplies nothing more than argument
against a prior defense motion already resolved by the R&R. In a sense it
is simply re-argument -- the stuff of Fed. R. Civ. P. 59(e) motions. It
otherwise bears no Rule 4(m) showing. Because it fails to comply with
this Court's instruction, the Court DENIES his motion (doc. 70) as a
sanction and on the merits (for it is otherwise laden with demonstrably
frivolous arguments, many of which are incomprehensible).
This R&R, combined with the last, advises that Robbins' entire
case should be DISMISSED -- with prejudice against defendants Sony
Music Entertainment and LaFace Records LLC, and without prejudice
against Usher Raymond. As Robbins has captioned his latest filing (doc.
70) as both a motion and an "Objection," the Clerk shall route it and this
R&R to the district judge for his consideration along with the first R&R
(doc. 67).
SO REPORTED AND RECOMMENDED this

of June,

2012.
UNITEP STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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