MIAMI — Judge Robert N. Scola Jr. of the U.S. District Court for the Southern District of Florida has issued a motion declaring that a Florida man for must meet a series of restrictive requirements before filing anymore pro se complaints in the Southern District courts.
In his order, Scola wrote that plaintiff Devon Brown had become so frustrated with the child support process, that he has filed a dozen lawsuits, with 10 of those already dismissed.
Scola determined that in nearly every filing presented to the court, Brown had failed to follow many of the basic rules of procedure. In several cases, the judge determined that Brown had failed to state a claim that could under the law be considered by the courts. He also said that even with the leeway granted a pro se defendant, Brown’s incomplete pleadings were too substandard to proceed.
“Even under the relaxed pleading standards afforded to pro se litigants, Brown’s complaint cannot go forward,” Scola wrote in his ruling. “Under 28 U.S.C. § 1915(e), the Court must dismiss a case filed in forma pauperis if it 'is frivolous or malicious,' 'fails to state a claim on which relief may be granted,' or 'seeks monetary relief against a defendant who is immune from such relief.'”
Scola found that Brown filed six different lawsuits alleging the same issues, according to the ruling.
“Court finds that Brown’s overly litigious behavior is needlessly draining court resources," Scola wrote. “Courts are authorized to take ‘creative actions to discourage hyperactive litigators as long as some access to the courts is allowed.'”
Scola designated Brown a “restricted filer,” and as such, the plaintiff must have any future complaint pre-screened by the court if he intends to represent himself in the matter.
Scola directed the Clerk of Court to close the matter before the court and denied all other motions pending before the court as moot.