Witham v. United States Government SEE ORDER AT DOCKET ENTRY [19] FOR CONSIDERATION OF FILINGS IN 5:20-CV-446-M.

E.D. North Carolina

Witham v. United States Government SEE ORDER AT DOCKET ENTRY [19] FOR CONSIDERATION OF FILINGS IN 5:20-CV-446-M.

CourtDistrict Court, E.D. North Carolina

DecidedJanuary 4, 2021

Docket5:20-cv-00385

StatusUnknown

This text of Witham v. United States Government SEE ORDER AT DOCKET ENTRY [19] FOR CONSIDERATION OF FILINGS IN 5:20-CV-446-M. (Witham v. United States Government SEE ORDER AT DOCKET ENTRY [19] FOR CONSIDERATION OF FILINGS IN 5:20-CV-446-M.) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Witham v. United States Government SEE ORDER AT DOCKET ENTRY [19] FOR CONSIDERATION OF FILINGS IN 5:20-CV-446-M., (E.D.N.C. 2021).

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Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO: 5:20-CV-00385-M JUDSON WITHAM, ) ) Plaintiff, ) ) v. ) ) UNITED STATES GOVERNMENT, ) JUDGE TERRANCE BOYLE, ) ORDER DEC NEW YORK STATE, ) STATE OF NEW YORK, ) GOVERNOR ANDREW CUOMO, ) BASIL SEGGOS, DEC Commissioner, ) STATE OF NORTH CAROLINA, ) WARREN COUNTY NEW YORK, ) THE LAKE GEORGE COMMISSION, ) ~NEW YORK STATE CONSERVATION COM, _ ) STATE OF VERMONT, ) ) Defendants. )

Before the Court is a “Notice to the United States and all NC Federal Judges” filed by Plaintiff and construed by the Court as a motion to reopen all cases dismissed by the Honorable □ Terrance W. Boyle and “the Federal Judges of North Carolina and the Circuit Court of Appeals in Virginia and the United States Supreme Court” and a motion for recusal of these judges. DE 16. First, Plaintiff fails to identify any (and the Court has found no) law supporting this Court’s” authority to reopen cases in any court other than the U.S. District Court for the Eastern District of North Carolina. Second, Plaintiff fails to cite any authority and to articulate a valid basis on which this Court may order the reopening of any other case and the recusal of any other judge in this District. Third, to the extent Plaintiff seeks to “reopen” this case, the case has not been closed and, thus, his request is improper. Accordingly, Plaintiffs motion is DENIED.

The Court notes that the relief requested in this document is the same or similar to that requested by Plaintiff in motions filed in closed cases, 5:17-cv-171-M (DE 27) and 5:19-cv-260- BR (DE 19) on June 9, 2020. The Court reminds the Plaintiff that any repetitive unsupported and/or Piclens requests for relief may be stricken and he may be sanctioned for improper litigation conduct. See Weathers y, Ziko, 113 F. Supp. 3d 830, 834 (M.D.N.C. 2015), aff'd, 648

_ F. App’x 350 (4th Cir. 2016) (There is ... no doubt that pro se litigants are subject to any and all appropriate sanctions for their misconduct.’ This includes pro se litigants who file frivolous or repetitive complaints.) (quoting Zaczek vy. Fauquier Cnty., 764 F. Supp. 1071, 1077 (E.D. Va. 1991)).

SO ORDERED this ie day of January, 2021.

Ki Leal EVV lyons RICHARD E. MYERS I UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO: 5:20-CV-00385-M JUDSON WITHAM, ) ) Plaintiff, ) ) v. ) ) UNITED STATES GOVERNMENT, ) JUDGE TERRANCE BOYLE, ) ORDER DEC NEW YORK STATE, ) STATE OF NEW YORK, ) GOVERNOR ANDREW CUOMO, ) BASIL SEGGOS, DEC Commissioner, ) STATE OF NORTH CAROLINA, ) WARREN COUNTY NEW YORK, ) THE LAKE GEORGE COMMISSION, ) ~NEW YORK STATE CONSERVATION COM, _ ) STATE OF VERMONT, ) ) Defendants. )

Before the Court is a “Notice to the United States and all NC Federal Judges” filed by Plaintiff and construed by the Court as a motion to reopen all cases dismissed by the Honorable □ Terrance W. Boyle and “the Federal Judges of North Carolina and the Circuit Court of Appeals in Virginia and the United States Supreme Court” and a motion for recusal of these judges. DE 16. First, Plaintiff fails to identify any (and the Court has found no) law supporting this Court’s” authority to reopen cases in any court other than the U.S. District Court for the Eastern District of North Carolina. Second, Plaintiff fails to cite any authority and to articulate a valid basis on which this Court may order the reopening of any other case and the recusal of any other judge in this District. Third, to the extent Plaintiff seeks to “reopen” this case, the case has not been closed and, thus, his request is improper. Accordingly, Plaintiffs motion is DENIED.

The Court notes that the relief requested in this document is the same or similar to that requested by Plaintiff in motions filed in closed cases, 5:17-cv-171-M (DE 27) and 5:19-cv-260- BR (DE 19) on June 9, 2020. The Court reminds the Plaintiff that any repetitive unsupported and/or Piclens requests for relief may be stricken and he may be sanctioned for improper litigation conduct. See Weathers y, Ziko, 113 F. Supp. 3d 830, 834 (M.D.N.C. 2015), aff'd, 648

_ F. App’x 350 (4th Cir. 2016) (There is ... no doubt that pro se litigants are subject to any and all appropriate sanctions for their misconduct.’ This includes pro se litigants who file frivolous or repetitive complaints.) (quoting Zaczek vy. Fauquier Cnty., 764 F. Supp. 1071, 1077 (E.D. Va. 1991)).

SO ORDERED this ie day of January, 2021.

Ki Leal EVV lyons RICHARD E. MYERS I UNITED STATES DISTRICT JUDGE

.

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Witham v. United States Government SEE ORDER AT DOCKET ENTRY [19] FOR CONSIDERATION OF FILINGS IN 5:20-CV-446-M., Counsel Stack Legal Research, https://law.counselstack.com/opinion/witham-v-united-states-government-see-order-at-docket-entry-19-for-nced-2021.

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