Lindsay v. Turner Construction Office

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 6 Report and Recommendations of the United States Magistrate Judge. ORDERED that the Motion to Proceed In Forma Pauperis is DENIED, the Complaint is DISMISSED WITH PREJUDICE, and Plaintiff is SANCTIO NED in the amount of $100.00. The Clerk is directed not to accept any new filings from Courtland Dewayne Lindsay until any and all monetary sanctions have been paid in full. Any motion not previously ruled on is DENIED. Signed by Judge Michael H. Schneider on 1/23/2015. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
COURTLAND DEWAYNE LINDSAY,
Plaintiff,
v.
TURNER CONSTRUCTION OFFICE,
Defendant.

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§ Civil Action No. 6:14-cv-668-MHS-JDL
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ORDER ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was assigned to United States Magistrate
Judge John D. Love pursuant to General Order 14-10 and referred pursuant to 28 U.S.C. § 636.
The report of the Magistrate Judge, which contains his proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration (Doc.
No. 6). The report recommends 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 28 U.S.C. § 1915(e)(2); that Plaintiff’s motion to proceed in forma

pauperis be denied (Doc. No. 2); and that a sanction of $100.00 be imposed on Mr. Lindsay, such
that the Clerk shall not accept any new filings from Courtland Dewayne Lindsay until the sanction
has been paid in full.
Plaintiff filed an Objection to the Report and Recommendation (Doc. No. 13), a Motion to
Notify (Doc. No. 7), a Motion for Reconsideration of Non-Dispositive Motions (Doc. No. 8), a
Motion for Providing Notice and Means for the Lack of an Entry (Doc. No. 10), a second Motion to
Notify (Doc. No. 11), a Motion to Add and Correct Additional Attachments (Doc. No. 14), and a

Motion to Correct Address (Doc. No. 15). The Court considers these motions together as Plaintiff’s
written objections.
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. The Court notes that the Magistrate Judge mistakenly referenced Plaintiff’s complaint
from a separate case in the analysis section of the report. Nevertheless, the Court agrees with the
reasoning and conclusions of the Magistrate Judge. Plaintiff’s actual stated complaint is deficient for
lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted.
Plaintiff’s written objections do not contradict this finding. Furthermore, Mr. Lindsay’s numerous
frivolous lawsuits, fully outlined in the Report and Recommendation, “clog the judicial machinery
with meritless litigation, and abuse already overloaded court dockets.” Farguson v. MBank Houston,
N.A., 808 F.2d 358, 359 (5th Cir. 1986). Such behavior cannot be condoned.

In light of the above, it is
ORDERED that the Motion to Proceed In Forma Pauperis is DENIED (Doc. No. 2) and
the Complaint is DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction and
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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 Dewayne Lindsay until any and all monetary sanctions have been
paid in full.
Any motion not previously ruled on is DENIED.
SIGNED this 23rd day of January, 2015.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE