Opinion
Civil Action 22-00498-BAJ-EWD
10-20-2023
SHELLY MAE JOHNSON v. U.S. POSTAL SERVICE
RULING AND ORDER
BRIANA. JACKSON, UNITED STATES DISTRICT COURT JUDGE.
Plaintiff, proceeding pro se, has submitted a standard form complaint alleging that the “U.S. Postal Service” is “lying [and] doing illegal [sic] to my home.” (Doc. 1). Attached to Plaintiff's complaint is a document adding (among other things) that unidentified “Postal Service Inspectors” have caused the sound and picture of her televisions to “cramp,” her refrigerator to emit cold air, and her air conditioning pipes to make black mold, and have also tampered with her cameras and doorbell. (Doc. 11).
Pursuant to the screening provisions of 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, the Magistrate Judge has now issued a Report and Recommendation (Doc. 6, the “Report”), noting that Plaintiff-herself a former postal worker-pursued essentially the same claims in a prior action before this Court, which was dismissed with prejudice in September 2020, following an evidentiary hearing. The Report recommends that Plaintiff's latest attempt to resurrect her claims be rejected, that Plaintiff's new action be dismissed with prejudice as frivolous and malicious, and that Plaintiff be required to obtain permission from the Court prior to pursuing the same claims again. (Id. at 9). Plaintiff objects to the Report. (Doc. 8)
Upon de novo review, and having carefully considered Plaintiff's Complaint, the Report, and Plaintiff's objections, and the record of Plaintiff's prior action in this District (Johnson v. U.S. Postal Services, No. 20-cv-00074-SDD-RLB), the Court APPROVES the Report and ADOPTS it as the Court's opinion in this matter.
Accordingly, IT IS ORDERED that the above-captioned action be and is hereby DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §§ 1915(e) and 1915A as frivolous and malicious.
IT IS FURTHER ORDERED that before filing any further actions that similarly allege (1) the same prescribed claims and claims over which this Court does not have subject matter jurisdiction, or (2) the same claims without enough factual support to state a claim, Plaintiff must obtain permission from a judge of this Court.
IT IS FURTHER ORDERED that the Clerk of Court shall serve this Order on Shelly Mae Johnson via regular and certified mail, return receipt requested at her address listed on PACER.
Judgment shall issue separately.