Opinion
3:04 MC-0107-H.
January 11, 2005
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636(b), and an order of the District Court in implementation thereof, this case has been referred to the United States Magistrate Judge. The findings, conclusions and recommendation of the Magistrate Judge, as evidenced by his signature thereto, are as follows:
FINDINGS AND CONCLUSIONS:
Before the court for consideration is Plaintiff Cordell Moddy's letter to the Clerk, filed on December 10, 2004, seeking leave to file a pro se complaint against Ben Behjoo. Plaintiff is a resident of Dallas, Texas. Defendant is Ben Behjoo, the owner of Capital Auto.
This is the first action which Plaintiff seeks leave to file in the Northern District. He is well known to the other federal district courts in Texas for his abuse of the judicial process while he was confined as a prisoner. The U.S. Party Case Index and Eastern District Sanction list reflect he filed numerous lawsuits and petitions in the Eastern and Southern Districts, and has been sanctioned on several occasions in both of those districts as well as the Fifth Circuit. See Attachments I and II. On December 8, 2004, Magistrate Judge H.W. McKee recommended that Plaintiff's most recent civil action filed in the Eastern District of Texas be dismissed for failure to satisfy court-imposed sanctions, including the sanction of $100.00 plus the requirement that leave of court be secured before any new case may be filed. See Moody v. McCay, 2:04cv0416 (E.D. Tex.).
In addition to failing to comply with the above sanctions, it is clear that Plaintiff's complaint fails to allege a cause of action over which this court could exercise subject matter jurisdiction. See Fed.R.Civ.P. 12(b)(1).
RECOMMENDATION:
For the foregoing reasons, it is recommended that Plaintiff's letter to the clerk, construed as a motion for leave to file a complaint in this court, be denied.
A copy of this recommendation will be mailed to Plaintiff Cordell Moody, 9030 Pinewood, Dallas, Texas 75243.
ATTACHMENT I
MOODY, Moody v. Warren et al, SANCTIONED Moody v. Raspberry, et al, SANCTIONED BARRED Moody v. Hughes, Moody v. Thomas, PAID PAID PAID BARRED Moody v. Alford, et al. BARRED
Cordell #383979 2:93cv113 (E.D.-M) 09/08/93. $50.00; Judge must approve future filings 2:93cv127 (E.D.-M) 08/12/93. $50.00 the Clerk of Court should not accept any further cases from the pltf until he has secured an order upon motion from a judicial officer of this Court permitting the filing of the new complaint 88-2398 (5th Cir.) 06/09/88. no IFP appeals w/o d.c. certification 89-2835 (5th Cir.) Ordered to pay or dismissal 90-4074 (5th Cir.) 05/17/90. appeal dismissed until fee paid due to 88-2398 4:86cv3452 (S.D.-H) $25.00 4:87cv993 (S.D.-H) $40.00; 07/10/87. no appeals until paid w/o leave of d.c. 4:87cv3618 (S.D.-H) $100.00; 10/23/90. no appeals until paid w/o leave of d.c. 4:87cv905 (S.D.-H) $25.00; 07/10/87 4:88cv215 (S.D.-H) $125.00; no appeals until paid w/o leave of d.c. 4:88cv665 (S.D.-H) $225.00 4:88cv654 (S.D.-H) $175.00; no appeals until paid w/o leave of d.c. 4:88cv664 (S.D.-H) $200.00; no appeals until paid w/o leave of d.c. 4:88cv212 (S.D.-H) $175.00; no appeals until paid w/o leave of d.c. 4:88cv1100 (S.D.-H) $250.00 4:88cv3832 (S.D.-H) $250.00; until all paid 2:93cv58(E.D.-M) 05/27/94. $100.00; until paid