Bishme Smith v. Clarence Smith, et al.

Summary

The court adopted a magistrate judge's report and recommendation concerning a pro se plaintiff's constitutional, civil rights, and state-law claims. It deemed the amended complaint operative and referred it for screening under 28 U.S.C. § 1915(e), while denying the plaintiff's motion for reconsideration of the denial of emergency injunctive relief. The court also warned that further filings containing fabricated or hallucinated legal authorities could result in sanctions.

Holdings

1. Plaintiff's objections were frivolous and insufficiently specific because the relevant substantive objection relied on fictitious or materially invalid case law; therefore, the R&R was reviewed for clear error rather than de novo.
2. The Court found no clear error in the magistrate judge's R&R and adopted it in its entirety.
3. Plaintiff's amended complaint filed as of right superseded and replaced the original complaint and became the operative pleading, requiring review for pleading sufficiency under 28 U.S.C. § 1915(e).
4. The motion for reconsideration was denied because Plaintiff identified no intervening change in controlling law, newly available evidence, clear error, or manifest injustice, and the Court was required to abstain from interfering with ongoing state proceedings.

Questions Presented

1. Whether Plaintiff's objections to the magistrate judge's report-recommendation were sufficiently specific to warrant de novo review.
2. Whether the magistrate judge clearly erred in recommending dismissal or dismissal with leave to amend of Plaintiff's federal claims and declining supplemental jurisdiction over the state-law claims.
3. Whether Plaintiff's amended complaint filed under Rule 15(a)(1)(A) superseded the original complaint and required screening under 28 U.S.C. § 1915(e).
4. Whether Plaintiff established grounds for reconsideration of the denial of emergency injunctive relief.
5. Whether the Court should warn Plaintiff that future filings containing fabricated or hallucinated legal authorities may result in sanctions.

Disposition

other