Daker v. Warren et al
Waseem Daker |
Jay C. Stephenson, Janet Prince, Lawson, Cobb County, Neil Warren, Darlene Corbett and Lovingood |
1:2013cv03053 |
September 11, 2013 |
US District Court for the Northern District of Georgia |
Atlanta Office |
Butts |
Richard W. Story |
E. Clayton Scofield |
Civil Rights |
42 U.S.C. ยง 1983 |
None |
Available Case Documents
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Filing 14 ORDER granting Daker's 7 Motion to Extend Time to Object to Magistrate's 12/30/2013 Report and Recommendation. Daker's Motion to Recuse Judge Richard W. Story 8 , Second Motion to Recuse Judge Richard W. Story 9 , and Motion to Re cuse Magistrate Judge E. Clayton Scofield, III 10 are DENIED. Daker's Objection to Magistrate's 12/30/2013 Report and Recommendation 11 and Supplemental Objection to Magistrate's 12/30/2013 Report and Recommendation 12 are OVERRU LED. After de novo review, see 28 U.S.C. § 636(b)(1), the Court APPROVES AND ADOPTS the 5 Final Report and Recommendation as the Order of the Court. Accordingly, the 4 Amended Complaint is DISMISSED WITHOUT PREJUDICE. 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 reconsider the court's denial of a prior motion for reconsider ation." 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 "dis cretion 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 filings."" 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] do cket 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.'" Butler, 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) Modified on 6/6/2014 to include the recommended ruling of the report and recommendation. (cem). |
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