Flores v. United States Attorney General et al

Filing 9

MEMORANDUM OPINION AND ORDER directing that 8 Proposed Findings and Recommendation by Magistrate Judge are adopted and incorporated in full; the 2 petition be dismissed and stricken from the docket for being frivolous and for failure to state a claim; and Eric Flores is WARNED that the continued filing of frivolous petitions in this court will result in the imposition of monetary sanctions and/or filing restrictions inasmuch as he has filed two prior complaints in this court, and as further set forth herein. Signed by Judge John T. Copenhaver, Jr. on 2/15/2018. (cc: plaintiff; Magistrate Judge Dwane L. Tinsley) (taq)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON

ERIC FLORES,
Plaintiff,
v.

Civil Action No. 2:15-cv-14055

UNITED STATES ATTORNEY GENERAL and
FEDERAL BUREAU OF INVESTIGATION,
Defendants.

MEMORANDUM OPINION AND ORDER

Pending before the court is the plaintiff’s petition
to challenge the constitutionality of the First Amendment to the
United States Constitution, filed on October 15, 2015.
This action was previously referred to the Honorable
Dwane L. Tinsley, United States Magistrate Judge, for submission
to the court of his Proposed Findings and Recommendation
(“PF&R”) for disposition pursuant to 28 U.S.C. § 636(b)(1)(B).
On December 4, 2017, Magistrate Judge Tinsley entered
his PF&R recommending that the petition be dismissed for being
frivolous and for failure to state a claim on which relief can
be granted; and recommending that the undersigned warn the
plaintiff that the continued filing of frivolous and abusive
actions in this court may result in the imposition of monetary
sanctions and/or filing restrictions.
1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
No objections having been filed, the plaintiff thereby
THOMAS PARKER,
waived de novo review of his petition.
Plaintiff,
v.

It is, accordingly, ORDERED that:
Civil Action No. 15-14025

THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM,
1. Magistrate Judge Tinsley’s Proposed Findings and
an Employee Welfare Benefits Plan,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
Recommendation be, and they hereby are, adopted and
a Massachusetts Corporation, and
incorporated
DOES 1 THROUGH 10, inclusive, in full;
Defendants.
2. The petition be dismissed and stricken from the
ORDER AND frivolous and for failure to state
docket for being NOTICE
Pursuant claim; and
a to L.R. Civ. P. 16.1, it is ORDERED that the
following dates are hereby fixed as the time by or on which
certain events must occur:
3. Eric Flores be, and he hereby is, WARNED that the
01/28/2016
Motions under F.R. Civ. P. 12(b), together with
continued filing of frivolous petitions in this
supporting briefs, memoranda, affidavits, or other
such matter in support thereof. (All motions
court will memoranda will be denied without
unsupported byresult in the imposition of monetary
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
sanctions and/or filing restrictions inasmuch as he
02/08/2016

Last day for Ruleprior complaints in this court, which
has filed two 26(f) meeting.

02/15/2016

Last daydismissedReport of Parties= is this one, and has
were to file as frivolous, as Planning
Meeting. See L.R. Civ. P. 16.1.
additionally had monetary sanctions and filing
Scheduling conference at 4:30 p.m. at the Robert C.
restrictions imposed on him in the Western District
Byrd United States Courthouse in Charleston, before
theof Texas and the United States Court counsel
undersigned, unless canceled. Lead of Appeals for
directed to appear.
the Fifth Circuit, as set forth on page 3 of the
Entry of scheduling order.
PF&R.
Last day to serve F.R. Civ. P 26(a)(1) disclosures.

02/22/2016

02/29/2016
03/08/2016

The Clerk is directed to forward copies of this
The Clerk is requested to transmit this Order and
written opinion and record and to any unrepresented
Notice to all counsel of order to the plaintiff and Magistrate Judge
Dwane
parties. L. Tinsley.
DATED: January 5, 2018
DATED: February 15, 2016
2

John T. Copenhaver, Jr.
United States District Judge