Ombe v. Martinez et al

Filing 198

MEMORANDUM OPINION AND ORDER by District Judge Robert C. Brack overruling 197 Objections; Plaintiff's three consolidated cases are dismissed with prejudice. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

HITOSHI OMBE,
Plaintiff,
vs.

No. CV 14-00763 RB-KBM

STATE OF NEW MEXICO, et al.

No. CV 14-00856 RB-KBM
No. CV 14-00857 RB-KBM
(consolidated)

Defendants.

ORDER
This matter is before the Court on Mr. Ombe’s objections to the filing restrictions (Doc.
197).


Mr. Ombe’s objection to the first condition—that he may file documents through a
licensed attorney—is overruled because the first condition simply indicates the Court’s
trust in the judgment of officers of the Court, not the Court’s expectation that Mr. Ombe
would be able to obtain an attorney. (See Doc. 197 at 4; Doc. 191 at 3.)



Mr. Ombe’s objection to the second and third conditions is vague, and upon
reexamination of the conditions, the Court is satisfied that they are sufficiently clear. (See
Doc. 197 at 4; Doc. 191 at 3–4.)



Mr. Ombe’s objection to the fourth condition is noted, but notices are not necessary to
prove Mr. Ombe’s good faith efforts to prosecute the case, and Mr. Ombe has been given
many opportunities to argue that he has been unjustly penalized for his illness. (See Doc.
197 at 4; Doc. 191 at 4.)



Mr. Ombe’s objection to the sixth condition is noted, but the Court proposed to
prospectively enjoin filing by fax, so the information Mr. Ombe received was not
inconsistent with the Court’s proposal. (See Doc. 197 at 4–5; Doc. 191 at 4.)



Mr. Ombe vehemently objects to the Court’s seventh condition—that Mr. Ombe refrain
from denigrating others. The Court understands Mr. Ombe’s frustration, but frustration
does not justify a lack of civility. (See Doc. 197 at 5–9; Doc. 191 at 4.)
In conclusion, Mr. Ombe’s objections to the proposed filing restrictions are overruled.

The filing restrictions the Court previously outlined, (see Doc. 191 at 3–4), will take effect
immediately.
The Court notes that it has entered final judgment dismissing Mr. Ombe’s three
consolidated cases with prejudice. Mr. Ombe is free to timely appeal the Court’s decision to the
United States Court of Appeals for the Tenth Circuit. See https://www.ca10.uscourts.gov/clerk/
filing-your-appeal/pro-se.

____________________________________
ROBERT C. BRACK
UNITED STATES DISTRICT JUDGE

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