Banks v. Jackson et al

Filing 11

ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS and DISMISSING CASE WITHOUT PREJUDICE AS FRIVOLOUS - CASE CLOSED. Filing restrictions are imposed. Magistrate Judge Evelyn J. Furse no longer assigned to case. Signed by Judge David Nuffer on 5/19/15 (alt)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
FREDERICK BANKS,

ORDER ADOPTING REPORT &
RECOMMENDATION

Plaintiff,
v.

Case No. 2:13-cv-00930-DN-EJF

MALISSA JACKSON, et al.,
Defendants.

District Judge David Nuffer
Magistrate Judge Evelyn J. Furse

The Report and Recommendation 1 issued by United States Magistrate Judge Evelyn J.
Furse on April 29, 2015 recommends that Mr. Banks’s Complaint be dismissed without
prejudice as frivolous under the in forma pauperis statute, 28 U.S.C. § 1915(e)(2)(B)(i), and
further recommends that filing restrictions be imposed against Mr. Banks, as outlined below.
1. Mr. Banks may not proceed as a plaintiff in the United States District Court,
District of Utah (“District of Utah”) unless he is represented by a licensed
attorney admitted to practice in the District of Utah or unless he first obtains
permission to proceed pro se.
2. To obtain permission to proceed pro se, he must take the following steps:
a. File a petition with the clerk of the District of Utah requesting leave to
file a pro se action, including the following information:
i. His current mailing address;
ii. A list of all lawsuits he filed previously in the District of Utah,
including the name, number, and citation, if applicable, of each
case, and the current status or disposition of the proceeding;
iii. A list of all lawsuits he currently has pending in the federal
court system, including the name, number, and citation, if
applicable, of each case, and the current
status of the
proceeding.
1

Report and Recommendation (“R&R”), docket no. 9, entered April 29, 2015.

iv. A list apprising the District of Utah of all outstanding
injunctions or orders limiting his access to the federal court
system, including orders and injunctions requiring him to seek
leave to file matters pro se, requiring him to be represented by an
attorney, or limiting his ability to proceed in forma pauperis, and
the name, number, and citation, if applicable, of all such orders or
injunctions; and
v. A copy of this order.
b. File with the clerk of the District of Utah a notarized affidavit, in proper
legal form, which recites the issues he seeks to present, including a short
discussion of the legal basis for each issue. The affidavit also must certify,
to the best of his knowledge, that the legal arguments being raised are not
frivolous or made in bad faith, that they are warranted by existing law or a
good faith argument for the extension, modification, or reversal of existing
law, that the action is not brought for any improper purpose, and that he
will comply with all local rules of the District of Utah.
c. Pay the appropriate filing fee.
d. The clerk of the District of Utah shall forward these documents to a
magistrate judge for review. The magistrate judge will review the
documents to determine whether the action has merit and should be filed,
or whether it lacks merit, duplicates prior filings, or is frivolous.
e. If the magistrate judge determines the action lacks merit, duplicates
prior filings, or is frivolous, the magistrate judge will forward the
documents to the Chief District Judge for further review.
f. If, on review, the Chief District Judge determines the action has merit,
an order shall be entered indicating the action shall proceed in accordance
with the Federal Rules of Civil Procedure and local rules of the District of
Utah. If the Chief District Judge determines the action lacks merit,
duplicates prior filings, or is frivolous, the action will not be filed and the
filing fee will be returned. 2
The parties were notified of their right to file objections to the Report and
Recommendation within 14 days of service pursuant to 28 U.S.C. § 636 and Fed. R. Civ. P. 72.
As of the date of this Order, no objection has been filed to the Report and Recommendation.

2

R&R at 7-9.

2

De novo review of all materials, including the record that was before the magistrate judge
and the reasoning set forth in the Report and Recommendation, has been completed. The
analysis and conclusion of the magistrate judge are correct and the Report and Recommendation
will be adopted in its entirety.
ORDER
IT IS HEREBY ORDERED that:
1. The Report and Recommendation 3 is ADOPTED;
2. The above-captioned matter is DISMISSED without prejudice; and
3. Filing restrictions imposed as outlined above.

The Clerk shall close the case.

Dated May 19, 2015.
BY THE COURT:
____________________________
David Nuffer
United States District Judge

3

Report and Recommendation, docket no. 9, entered April 29, 2015.

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