Oliver v. Peluso

• Court: District Court, S.D. Georgia
• Decided: February 16, 2021
• Docket: 4:20-cv-00257
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

ANTHONY OLIVER,

Plaintiff, CIVIL ACTION NO.: 4:20-cv-257

v.

LARRY A. PELUSO and JOSEPH R. BOLTON,

Defendants.

O RDE R After a careful de novo review of the entire record, the Court concurs with the Magistrate Judge's December 1, 2020, Report and Recommendation, (doc. 18), to which Plaintiff has not filed an objection. For the following reasons, the Court ADOPTS the Report and Recommendation as its opinion and amends the filing restrictions currently applicable to plaintiff. Accordingly, plaintiff’s motion to suspend those restrictions is GRANTED, IN PART, AND DENIED, IN PART. (Doc.19.) Plaintiff has moved for the Court to suspend filing restrictions imposed in Oliver v. Lyft, Inc., 2019 WL 5388472, at *2 (S.D. Ga. Sept. 13, 2019). (Doc. 19.) He alleges that, while he is incarcerated, such restrictions, particularly the requirement that he post a $1,000 contempt bond, operate to completely bar his access to the federal courts. (Id. at 2–3.) The Magistrate Judge has recommended that the motion be granted and that, for the period of Plaintiff’s incarceration, the contempt bond be suspended in favor of the conditions of the Prison Litigation Reform Act, 28 U.S.C. § 1915. (Doc. 18, p. 6.) Accordingly, the Court ADOPTS the Report and Recommendation (doc. 18) as its opinion. The restriction requiring plaintiff to post a $1,000 contempt bond is SUSPENDED for the period of Plaintiff’s incarceration in cases in which he proceeds in forma pauperis. In all other cases filed during his term of incarceration—including those removed from state court—Plaintiff may

apply to have the bond requirement waived. The motion for waiver must be supported by a sworn affidavit declaring his indigency and inability to remit payment. The affidavit must include the language: “I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date).” 28 U.S.C. § 1746. The motion must also be accompanied by a copy of Plaintiff’s prisoner trust account. During the pendency of Plaintiff’s motions to proceed in forma pauperis or waive the bond, the bond requirement shall be suspended. These deviations from the filing restrictions imposed in Oliver v. Lyft, Inc., 2019 WL 5388472, at *2 (S.D. Ga. Sept. 13, 2019) are applicable only to cases filed while Plaintiff is detained or incarcerated. All other filing restrictions remain in place. Plaintiff filed two motions to proceed in forma pauperis prior to this case being transferred

from the Northern District of California. (Doc. 4; doc. 9.) These motions were terminated by Judge Ryu’s transfer order. (Doc. 14.). Within 14 days of this Order, Plaintiff is DIRECTED to either refile his motions to proceed in forma pauperis or pay the necessary filing fee. The Clerk of Court is DIRECTED to include with this Order a copy of the Application to Proceed in District Court without Prepayment of Fees or Costs from (AO240). During the pendency of this case before the Northern District of California, Plaintiff consented to the jurisdiction of a magistrate judge for plenary disposition. (Doc. 7.) As the circumstances of this case, including the assigned magistrate judge, were impacted by its transfer to this District, Plaintiff is DIRECTED to ratify his continued consent within 14 days of this Order. The Clerk of Court is DIRECTED to include with this Order a copy of the Court’s Statement Regarding Assignment to Magistrate Judge. SO ORDERED, this 16th day of February, 2021.

R. STAN BAKER UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF GEORGIA