PERSINGER
v.
DIXON

N.D. Fla. | 2023-07-07
No. 4:23-cv-96
2023 WL 4208030 District Court, N.D. Florida (2023) Positive Treatment
Cited by 1 case

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Holding

The Court adopts the Magistrate Judge's Report and Recommendation, dismissing the action.


Facts & Procedural History

Plaintiff filed a case which was reviewed by a Magistrate Judge. Subsequent motions were filed by the plaintiff.…

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Opinion of the Court

This cause is before the Court on the Magistrate Judge’s Second Report and Recommendation dated April 25, 2023. (ECF No. 18). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections. Having considered the Report and Recommendation, and the timely filed objections thereto, I have determined that the Report and Recommendation should be adopted. Subsequent to the filing of the Report and Recommendation, Plaintiff has filed motions to compel and for injunctive relief titled “emergency,” which are moot in light of the decision to dismiss for maliciousness and abuse of the judicial process. The Court notes, however, that these motions present only general, vague, and unsupported claims of possible dangers, which do not suffice as genuine emergencies. See generally Sutton v. Dist. Attorney’s Off., of Gwinnett Superior Ct., 334 F. App’x 278, 279 (11th Cir. 2009); Brewster v. Dep’t of Cmty. Supervision, No. 423cv73CDLMSH, 2023 WL 4208030, at *2 (M.D. Ga. June 27, 2023). Accordingly, it is now ORDERED as follows: 1. The Magistrate Judge’s Report and Recommendation is adopted and incorporated by reference in this order. 2. This action is dismissed pursuant to 28 U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(B)(ii) for maliciousness and abuse of the judicial process.

3. All pending motions are denied as MOOT.

4. The Clerk is directed to close the file.

DONE AND ORDERED this 7th day of July 2023.

M. Casey Rodgers

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE


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Citator

Cited By

  • Persinger v. Dixon, 2023 WL 4208030 (N.D. Fla. 2023)
    …s of possible dangers, which do not suffice as genuine emergencies. See generally Sutton v. Dist. Attorney’s Off., of Gwinnett Superior Ct., 334 F. App’x 278, 279 (11th Cir. 2009); Brewster v. Dep’t of Cmty. Supervision, No. 423cv73CDLMSH, 2023 WL 4208030, at *2 (M.D. Ga. June 27, 2023). Accordingly, it is now ORDERED as follows: 1. The Magistrate Judge’s Report and Recommendation is adopted and incorporated by reference in this order. 2. This action is dismissed pursuant to 28 U.S.C. §§ 1915A(b)(1)…

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