Ramsey v. Management Training & Corporation et al

Filing 34

FINAL JUDGMENT DISMISSING CASE AS VEXATIOUS. CASE CLOSED. Signed by Magistrate Judge Roy Percy on 11/9/20. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
JERMAINE ALEXANDER RAMSEY
v.

PLAINTIFF
No. 4:19CV6-RP

MANAGEMENT TRAINING CORPORATION, ET AL.

DEFENDANTS

FINAL JUDGMENT DISMISSING CASE AS VEXATIOUS
The court issued an order [23] for the plaintiff to show cause why this case should not be
dismissed as vexatious, noting that, “the nature of Ramsey’s supporting documents, his pace of filing
of papers with the court, his repeated submission of frivolous grievances to prison officials, and other
actions tend to show that the plaintiff is more interested in moving paper through the prison grievance
system and this court than he is in pursuing relief for alleged constitutional violations.” Doc. 23 at 2.
The Show Cause Order contained detailed discussion regarding these matters, which the court will not
include in the present order. The court has not looked only at the present case, but many others Mr.
Ramsey has filed in this court to show his pattern of abusive filings. The court gave Mr. Ramsey the
opportunity to respond to the Show Cause Order, and he did so. However, instead of addressing the
court’s concern in the Show Cause Order (the vexatious nature of his filings), Mr. Ramsey merely
touched again on his allegations. He also complains that the court erred in deciding not to hold a
hearing pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985). A Spears hearing is an
opportunity for the plaintiff to explain his claims more clearly to the court; however, in this case, Mr.
Ramsey’s claims were clear, and the court could proceed without the need of such a hearing.
Mr. Ramsey’s claims were clear, but they also appeared to be vexatious, which is why the
court provided him the opportunity to present argument to show that his complaint and supporting
documents were not vexatious. Mr. Ramsey has not done so, and, for the reasons outlined in the

Show Cause Order, the instant case is DISMISSED with prejudice as vexatious. The court has
imposed a sanction for this behavior in another case; as such, a sanction is not necessary in the present
case. See Ramsey v. Morris, 4:18CV145-DAS. Finally, in light of this order, the motions currently
pending in this case are DISMISSED as moot.
SO ORDERED, this, the 9th day of November, 2020.

/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE