Ashby et al v. City of Charlotte et al

Filing 31

ORDER denying as moot re 13 MOTION to enjoin defendant from ever disrupting the speech and ministery efforts of Shon Asby, 5 MOTION for Permanent Injunction . Signed by Senior Judge Graham Mullen on 9/1/15. (Pro se litigant served by US Mail.)(clc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15-CV-103
SHON ASHBY, et al.,

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Plaintiffs,
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Vs.
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CITY OF CHARLOTTE, et al.,
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Defendants.
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______________________________)

ORDER

This matter is before the Court upon Defendant Calvary Church’s Motion to Enjoin
Plaintiff Ashby from Filing Future Pro Se Lawsuits against Calvary Church (Doc. No. 5) and
Plaintiff Ashby’s pro se “Motion to Enjoin Defendant from Ever Disrupting the Speech and
Ministry Efforts of Shon Ashby” (Doc. No. 13).
Plaintiffs filed this lawsuit alleging that Defendants violated their rights under 42 U.S.C.
§ 1983. All Defendants moved to dismiss the Complaint pursuant to Rule 12(b)(6) of the
Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted.
The Court granted Defendant Calvary Church’s motion on July 23, 2015, and granted the motion
of the remaining Defendants on August 6, 2015. A Clerk’s Judgment was entered and this case
was closed on August 27. The Court finds that both motions to enjoin are therefore moot.
However, the Court does note that even if the Defendant’s Motion to Enjoin was not moot, a prefiling injunction requires a far more extensive record of abusive filing than this case presents.
IT IS THEREFEORE ORDERED that Defendant Calvary Church’s Motion to Enjoin
Plaintiff Ashby from Filing Future Pro Se Lawsuits against Calvary Church (Doc. No. 5) and

Plaintiff Ashby’s pro se “Motion to Enjoin Defendant from Ever Disrupting the Speech and
Ministry Efforts of Shon Ashby” (Doc. No. 13) are both DENIED as moot.

Signed: September 1, 2015