Berryhill v. United States Department of Justice et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION for 6 Report and Recommendation; deems moot all pending motions; pursuant to section 1915A(b)(1), DISMISSES this action as frivolous; and FINDS for the reasons articulated by the Honorable Robin J. Cauthro n, United States District Judge for the Western District of Oklahoma, who also has been confronted with Berryhill's "offensive and/or abusive documents," Berryhill v. United States ofAmerica, No. CIV-225-C, slip op. at 1 (W.D. Okla. Ma y 22, 2012), that because this case has been dismissed, any future papers (including any papers seeking reconsideration), other than those documents necessary to perfect an appeal, that are submitted by Berryhill in this case will not be filed by the Clerk of the Court, but will instead be returned by the Clerk to Berryhill. Signed by Honorable Lee R. West on 4/28/14. (kw)

IN THE UNITED STATES DISTRICT COURT FOR

APR 2 8 2014
ROBERT D
.DENNIS, CLERK

THE WESTERN DISTRICT OF OKLAHOMAU.s.D
IST.COURT, WESTERN DIST. OF OKLA
BY
.~
DEPUTY
LAVERN BERRYHILL,
)
)
Petitioner,
)
)
)
vs.
No. CIV-14-287-W
)
DEPT. OF JUSTICE et aI.,
)
)
)
Respondents.

ORDER
On March 26, 2014, United States Magistrate Judge Gary M. Purcell issued a
Report and Recommendation in this matter and recommended, inter alia, that the Motion
for Leave to Proceed in Forma Pauperis filed by petitioner Lavern Berryhill be denied and
that this action be dismissed unless Berryhill paid the filing fee of $400.00 in full.
Magistrate Judge Purcell further recommended, after conducting the preliminary screening
required by title 28, section 1915A(a) of the United States Code, that Berryhill's Petition for
Relief [Doc. 1] be dismissed as legally and factuatly frivolous under section 1915A(b)(1).
Berryhill was advised of his right to object, see Doc. 6 at 5, and the matter now comes
before the Court on Berryhill's Response to Magistrate's Report and Recommendation
[Doc. 7]. Berryhill has also filed an affidavit regarding his right to proceed under title 28,
section 1915(g) of the United State Code, see Doc. 8, as well as an Emergency Petition
for Injunction and Mandamus. See Doc. 9.
Upon de novo review of the record, the Court finds no merit to Berryhill's request for
injunctive or mandamus relief or his request for recusal of the undersigned . See Doc. 1
at 11. The Court further finds dispositive Magistrate Judge Purcell's recommendation that

this matter be dismissed under section 1915A(b)(1).
Accordingly, the Court
(1) ADOPTS the Report and Recommendation [Doc. 6] to the extent stated;'
(2) deems MOOT all pending motions;
(3) pursuant to section 1915A(b)(1), DISMISSES this action as frivolous; and
(4) FINDS for the reasons articulated by the Honorable Robin J. Cauthron, United
States District Judge for the Western District of Oklahoma, who also has been confronted
with Berryhill's "offensive and/or abusive documents," Berryhill v. United States of America,
No. CIV-225-C, slip op. at 1 (W.D. Okla. May 22, 2012), that because this case has been
dismissed, any future papers (including any papers seeking reconsideration), other than
those documents necessary to perfect an appeal, that are submitted by Berryhill in this
case will not be filed by the Clerk of the Court, but will instead be returned by the Clerk to
Berryhill. See id. at 2.
ENTERED thiscXg-bl day of April, 2014.

1The Court agrees with Magistrate Judge Purcell that Berryhill is precluded by section
1915(g) from proceeding in forma pauperis in this action; however, rather than require Berryhill to
pay the filing fee in full by a designated date and delay the Court's determination of the frivolous
nature of this action, the Court finds dismissal under section 1915A(b)(1) is warranted this date.

2