Lindsay v. The City of Tyler

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Report and Recommendations of the United States Magistrate Judge. ORDERED that the Motion to Proceed In Forma Pauperis is DENIED and the Complaint is DISMISSED with prejudice. Plaintiff is SANCTIONED in the amount of $100.00. The Clerk is directed not to accept any new filings from Courtland Lindsay until any and all monetary sanctions have been paid in full. Signed by Judge Leonard Davis on 8/28/2014. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
COURTLAND LINDSAY

v.
CITY OF TYLER

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CIVIL ACTION NO. 6:14cv642

ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of this case has been presented for
consideration. The Report and Recommendation (Docket No. 5) recommends that Plaintiff’s
motion to proceed in forma pauperis be denied, that the complaint be dismissed with prejudice
for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be
granted pursuant to FED. R. CIV. P. 12(b)(1) and (6), and that Plaintiff be sanctioned in the
amount of $100.00, such that the Clerk shall not accept any new filings from Courtland Lindsay
until the sanction has been paid in full. Plaintiff filed written objections to the Report and
Recommendation on August 11, 2014.
Having made a de novo review of the written objections filed by Plaintiff, the Court
concludes that the findings and conclusions of the Magistrate Judge are correct and the
objections are without merit. Plaintiff’s vexatious litigation practices, fully outlined in the
Report and Recommendation, cannot be condoned.

Plaintiff’s written objections do not

contradict the findings in the Report and Recommendation. At best, Plaintiff attempts to assert
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vague allegations of violations of his civil rights that were not included in the Complaint.
Amendment of the complaint to include these allegations would be fruitless because these
allegations were previously adjudicated in Lindsay v. City of Tyler, Civil Action No. 6:13-cv695.
In light of the foregoing, it is
ORDERED that the Motion to Proceed In Forma Pauperis is DENIED and the
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Complaint is DISMISSED with prejudice for lack of subject matter jurisdiction and for failure to
state a claim upon which relief may be granted pursuant to FED. R. CIV. P. 12(b)(1) and (6).
Plaintiff is SANCTIONED in the amount of $100.00. The sanction is independent of any
sanction imposed in any other case. The Clerk is directed not to accept any new filings from
Courtland Lindsay until any and all monetary sanctions have been paid in full.
Any motion not previously ruled on is DENIED.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 28th day of August, 2014.

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