Gueye v. Strauss et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS: 1) Magistrate Judge Atkinss R&R 47 is ADOPTED as the findings of facts and conclusions of law of the Court; 2) Defendants Motion for Summary Judgment 23 is GRANTED; 3) Plaintiffs Motion for Injunctive R elief 15 is DENIED; 4) Defendants Motion to Declare Plaintiff a Vexatious Litigator 24 is GRANTED. Plaintiff is ENJOINED from filing any future pro se civil actions in this Court without the prior written authorization of the Court. The Clerk of the Court SHALL REFUSE to file or docket any civil complaint regardless of how styled or the basis for the relief sought unless the Court authorizes the filing of such action. To obtain such authorization, Gueye must: a) Send a one-page letter to t he Court requesting permission to file suit; b) Include a typewritten complaint, or a form Civil Rights Complaint [EDKY Form 520], which must describe the facts of his case and his claims with reasonable particularity; and c) Pay the required fees, o r file a form Application to Proceed Without Prepayment of Fees and Affidavit [AO Form 249]; 5) Plaintiffs Motion for Consideration and Motion for Stay Pending Appeal 46 is DENIED; 6) For the reasons set forth in the R&R, the Court determines there would be no arguable merit for an appeal in this matter and, therefore, no certificate of appealability shall issue; 7) This action is DISMISSED with prejudice and STRICKEN from the docket. Signed by Judge David L. Bunning on 8/2/2017.(TJZ)cc: COR, Amar Gueye via US Mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
AT COVINGTON
CIVIL ACTION NO. 16-37-DLB-EBA
AMAR GUEYE

vs.

PLAINTIFF

ORDER ADOPTING
REPORT AND RECOMMENDATION

DIANA STRAUSS, et al.

DEFENDANTS
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This matter is before the Court on Magistrate Judge Edward B. Atkins’s Report and
Recommendation (R&R) (Doc. # 47), wherein he recommends that the Court grant
Defendants’ motion for summary judgment (Doc. # 23), deny Plaintiff’s motion for injunctive
relief (Doc. # 15), grant Defendants’ motion to declare Plaintiff a vexatious litigator (Doc.
# 24), and deny Plaintiff’s motion for consideration and motion for a stay pending appeal
(Doc. # 46). (Doc. # 47). Plaintiff filed no objections to the R&R and the time for filing
objections has expired1, so the R&R is ripe for review. The Court having reviewed the R&R
and finding it sound in all respects, the Court will adopt the R&R as the findings of fact and
conclusions of law of the Court.

1

Based on the Plaintiff’s pro se status, the Court allowed him a few extra days in which
to file objections to the R&R. The deadline would have been July 24, 2017. Despite giving him
additional time, no objections have been filed.

1

Accordingly, for the reasons set forth in the Magistrate Judge’s R&R,
IT IS ORDERED AND ADJUDGED as follows:
(1)

Magistrate Judge Atkins’s R&R (Doc. # 47) is hereby ADOPTED as the

findings of facts and conclusions of law of the Court;
(2)

Defendants’ Motion for Summary Judgment (Doc. # 23) is GRANTED;

(3)

Plaintiff’s Motion for Injunctive Relief (Doc. # 15) is DENIED;

(4)

Defendants’ Motion to Declare Plaintiff a Vexatious Litigator (Doc. # 24) is

GRANTED. Plaintiff is ENJOINED from filing any future pro se civil actions in this Court
without the prior written authorization of the Court. The Clerk of the Court SHALL REFUSE
to file or docket any civil complaint–regardless of how styled or the basis for the relief
sought–unless the Court authorizes the filing of such action. To obtain such authorization,
Gueye must:
Send a one-page letter to the Court requesting permission to file suit;
(b)

Include a typewritten complaint, or a form Civil Rights Complaint

[EDKY Form 520], which must describe the facts of his case and his claims with reasonable
particularity; and
(c)

Pay the required fees, or file a form Application to Proceed Without

Prepayment of Fees and Affidavit [AO Form 249];
(5)

Plaintiff’s Motion for Consideration and Motion for Stay Pending Appeal (Doc.

# 46) is DENIED;
(6)

For the reasons set forth in the R&R, the Court determines there would be

no arguable merit for an appeal in this matter and, therefore, no certificate of appealability

2

shall issue; and
(7)

This action is DISMISSED with prejudice and STRICKEN from the docket.

This 2nd day of August, 2017.

K:\DATA\ORDERS\Cov16\16-37 Order Adopting R&R.wpd

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