Evans v. Brown et al

Filing 90

ORDER denying 83 Motion for Injunctive Relief; denying 84 Motion to Reopen Case; denying 85 Motion for Preliminary Injunction; denying 86 Motion for Preliminary Injunction; denying 87 Motion to Amend/Correct. Signed by Magistrate Judge Roy Percy on 2/11/19. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
TIMOTHY NELSON EVANS

PLAINTIFF

v.

No. 4:17CV106 -RP

ANGELA BROWN, ET AL.

DEFENDANTS

ORDER DENYING PLAINTIFF’S MOTION [84] TO
REINSTATE CASE, DISMISSING REMAINING MOTIONS
This matter comes before the court on the plaintiff’s motion [84] to reinstate the instant case,
which he voluntarily dismissed on September 4, 2018. As the court stated in its May 1, 2018,
opinion, Mr. Evans has previously raised nearly all of his present claims in a previous case – and
simply fabricated those claims. Doc. 57 at 3. Given the level of dishonesty the court saw in the
previous case, the court was reluctant to permit any part of this case to proceed. The court
nonetheless issued summons to the defendants as to some of the claims. They were not returned
executed. In his notice of voluntary dismissal, Mr. Evans stated that he wished to pursue relief
through action taken by the Southern Poverty Law Center. The case was dismissed. Then, months
later, Mr. Evans sought to reinstate his case, arguing that his attorney withdrew from representation.
As Mr. Evans has seriously misled the court in the past – and the present case appears nearly identical
to the previous one – the instant motion [84] to reinstate this case is DENIED. In addition, the
motions remaining on the docket are DISMISSED as moot, as the case was closed when they were
filed.
SO ORDERED, this, the 11th day of February, 2019.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE