Robbins v. Universal Music Group et al

Filing 24

ORDERED that the Clerk is directed to return the $100 frivolity bond to plaintiff. Signed by Magistrate Judge G. R. Smith on 3/23/2015. (loh)

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

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Plaintiff,
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V.

Case No. CV413-114

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UNIVERSAL MUSIC GROUP,
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UNIVERSAL REPUBLIC RECORDS, )
UNIVERSAL MOTOWN RECORDS, )
UNIVERSAL MOTOWN, THE )
ISLAND DEF JAM MUSIC GROUP, )
and SONY MUSIC ENTERTAINMENT)
GROUP,
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Defendants.

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ORDER
In 2013 the Court adopted a Report and Recommendation ("R&R")
urging that this case be dismissed because Robbins had failed to pay the
$100 frivolity bond imposed upon him in Robbins v. Usher Raymond, IV,
No. CV411-193 (S.D. Ga. Aug. 29, 2011). Doc. 7. Robbins did not object
to the R&R, although he had grounds to do so, as he had paid the
frivolity bond. (Doc. 4.)

Following the dismissal of his case, Robbins filed eight motions,
including one asking the Court to keep this case closed but apply the
frivolity bond to another case. (Doe. 19.) The Court denied those
motions, explaining that because Robbins failed to object to the R&R, he
waived the right to further review. (Doc. 21.) Now, Robbins has filed a
motion asking the Court to return his $100 frivolity bond, "because it
was not used for this case." (Doc. 22.)
In a sense, Robbins is correct, for the Court never accepted the
frivolity bond as a precondition for this suit, which was its intended
purpose, but instead ordered the dismissal of the suit under the mistaken
belief that he had not paid that bond. Because the Court never reached
the merits of the complaint, found it to be frivolous, and then ordered the
bond forfeit on that ground, the $100 has essentially been in limbo since
its deposit in 2013. Accordingly, the Clerk is DIRECTED to return the
$100 frivolity bond to Robbins.
SO ORDERED this 23rd day of March, 2015.

UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA
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