Manning v. Richardson

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

MICHAEL TODD MANNING PLAINTIFF

No. 3:23-cv-139-DPM

CINDY LUANN RICHARDSON, et al. DEFENDANTS

ORDER 1. Manning’s application to proceed in forma pauperis, Doc. 1, is granted. He reports living on social security disability income. 2. The Court must screen Manning’s complaint. 28 U.S.C. § 1915(e)(2). This is his fifth lawsuit against Richardson “and her group” alleging that they placed a radio tracker on Manning without his permission and exposed him to radiation for years. Manning v. Richardson, et al., No. 3:22-cv-259-JM (E.D. Ark.); Manning v. Richardson, et al., No. 3:22-cv-284-BRW (E.D. Ark.); Manning v. Richardson, et al., No. 3:22-cv-305-KGB (E.D. Ark.); Manning v. Richardson, et al., No. 3:23-cv-84-DPM (E.D. Ark.). Each case has been dismissed as frivolous. His similar claims here are fanciful. Denton v. Hernandez, 504 U.S. 25, 32-33 (1992). They fail to state a claim. 28 U.S.C. § 1915(e)(2)(B). 3. I note that Manning names my colleague, Judge James M. Moody, Jr., as a defendant. Manning says has been denied access to the federal courts. Judge Moody presided over and dismissed one of

Manning’s earlier cases. I infer that his actions in handling that case are why Manning has sued him in this case. Judge Moody is immune from suit for his decisions as a judge acting within his jurisdiction. Hamilton v. City of Hayti, Missouri, 948 F.3d 921, 925 (8th Cir. 2020). In the circumstances presented, my impartiality in deciding the claim against my colleague could not reasonably be questioned. 28 U.S.C. § 455. 4. The Court will redact Manning’s social security number and date of birth from page 9 of his complaint, Doe. 2. 5. The Court also directs the Clerk of Court to place Manning on the restricted filer list because he has become a serial vexatious litigant. In re Tyler, 839 F.2d 1290, 1290-95 (8th Cir. 1988) (per curiam). So Ordered. p- D.P. Marshall Jr. United States District Judge 16 Avgust 2023

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