Daker v. Dawes et al
| Waseem Daker |
| John Mark Dawes, Bradley Louis McEntyre, Mark Anthony Bishop, Edward M. Herman, Jimmy Stephens, R.B. Smith, Pamela J.M. Coalson, Susan Harrah, Det. Kromer, George B. Hatfield, John R. Houser, Gary Michael Lloyd, Cobb County, Eric K. Binkley, B.D. Caughron, Danielle Roach, Samuel Clark, Charles M. Waters, Gwinnett County, John Robinson, J. Simpson, Gary D. George and City of Alpharetta |
| 1:2012cv02782 |
| August 10, 2012 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Cobb |
| Richard W. Story |
| E. Clayton Scofield |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
19
ORDER granting Daker's 12 Motion to Extend Time to Object to Magistrate's 10/29/2013 Report and Recommendation. Daker's Objection 13 is OVERRULED. After de novo review, see 28 U.S.C. § 636(b)(1), the Court APPROVES AND ADOP TS the Final Report and Recommendation 9 as the Order of the Court. Accordingly, this case is DISMISSED WITHOUT PREJUDICE because Daker failed to comply with a lawful Court order. See LR 41.3A(2), NDGa. Daker's Motion to Recuse Judge Richard W. Story 11 and Motion to Recuse Magistrate Judge E. Clayton Scofield III 15 are DENIED. Daker's Motion to Reconsider Court's 9/18/2013 Order Denying Plaintiff IFP Status 1 and Supplemental Motion to Reconsider 9/18/2013 Order Denyin g Plaintiff IFP Status 17 are DENIED. Once again, Daker is reminded that this Court's Local Rules prohibit the filing of motions for reconsideration as a matter of routine practice and prohibit altogether the filing of "motions to reconsi der the court's denial of a prior motion for reconsideration." LR 7.2E, NDGa. If Daker nonetheless seeks reconsideration of this Order and/or files any new requests to proceed IFP in this Court, he is ORDERED TO SHOW CAUSE in those motions or requests why this Court should not exercise its "discretion to deny or revoke th[e] privilege [to proceed IFP]..., either retrospectively or prospectively, by looking to 'the number, content, frequency, and disposition of his previous fi lings."" Hurt v. SSA, 544 F.3d 308,310 (D.C. Cir. 2008) (quoting Butler v. DOJ, 492 F.3d 440,445 (D.C. Cir. 2007)). In light of Daker's more than seventy prior cases and appeals, it may be appropriate for the Court to now exercise its "more general supervisory authority to manage [its] docket so as to promote[] the interests of justice,"" and to limit the waste of judicial resources by prisoners "'for whom litigation [is] a costless pastime.'" B utler, 492 F.3d at 444-45 (quoting In re McDonald, 489 U.S. 180, 184 (1989), and Ibrahim v. District of Columbia, 208 F.3d 1032, 1036 (D.C. Cir. 2000)). See also In re Sindram, 498 U.S. 177, 180 (1991) (denying IFP status to a frequent filer in an extraordinary writ case and noting that he might be similarly restricted from filing IFP in other cases if he abused the privilege). Signed by Judge Richard W. Story on 6/5/2014. (cem)
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