Opinion
Case No. 00-4155-CIV-MOORE
May 15, 2001
ORDER OF DISMISSAL
THIS CAUSE came before the Court upon Defendants' Motions to Dismiss and for sanctions. The matter was referred to Magistrate Judge John J. O'Sullivan pursuant to 28 U.S.C. § 636(b). Judge O'Sullivan issued a Report and Recommendation on March 29, 2001, recommending that the motions be granted and the complaint be stricken with prejudice. Plaintiff responded to the Report and Recommendation in the form of his "Notice of Without Subject Matter Jurisdiction, In Absence of All Authority, Void, Bogus, Without Jurisdiction of the Subject Matter Bogus, Report and Recomendation [sic], and Order and Motion for Judgements Against the Defendant's [sic]." As may be gleaned from the caption, Plaintiffs response does not articulate any cognizable objections.
Docket Entry Nos. 9, 13, 22, 26.
The Court agrees with the Magistrate Judge that the Complaint is not only frivolous but unintelligible, and is accordingly dismissed with prejudice. See Fed.R.Civ.P. 12(b)(6). Upon review of the present record, and Mr. May's considerable history of abuse of the federal judiciary, the Court also agrees with Magistrate O'Sullivan that the injunctive procedures set forth in his report are appropriate and necessary to screen future litigation initiated by Mr. May. No less restrictive measures could strike the proper balance between affording May access to the federal courts while preserving judicial resources and the integrity of this institution.
Upon consideration of the motion, and a de novo review of the record, it is hereby ORDERED that United States Magistrate Judge O'Sullivan's Report and Recommendation of March 29, 2001, be, and the same is, ADOPTED in its entirety. This case is accordingly DISMISSED with prejudice.
It is furthered ORDERED and based thereon that Plaintiff May is permanently enjoined from any further filings, in this case or any subsequent action initiated by him or by any persons acting at his behest, without first obtaining leave of the Court, as set forth in the Report and Recommendation of March 29, 2001, and adopted fully herein.
The Clerk of the Court is DIRECTED not to accept any new filings by George May, or any action in which George May appears as a plaintiff, save upon Court Order, following review of any application he makes for Leave to File.
This case is CLOSED. All remaining motions are DENIED as MOOT.