This court order denies the plaintiff's request for a temporary restraining order and dismisses the action with prejudice. The complaint sought to prevent the investiture of a duly appointed US District Judge. However, the court found the complaint to be frivolous, meritless and beyond the bounds of decorum. The court determined the action was unreasonable and could only serve the personal aggrandizement of the plaintiff, representing a plain abuse of judicial process.
Original Description:
Fair v Hodges, Order DENIED Temporary Restraining Order, December 27, 1971
Original Title
Fair v Hodges, Order DENIED TRO 71-572, Dec-27-1971.pdf
This court order denies the plaintiff's request for a temporary restraining order and dismisses the action with prejudice. The complaint sought to prevent the investiture of a duly appointed US District Judge. However, the court found the complaint to be frivolous, meritless and beyond the bounds of decorum. The court determined the action was unreasonable and could only serve the personal aggrandizement of the plaintiff, representing a plain abuse of judicial process.
This court order denies the plaintiff's request for a temporary restraining order and dismisses the action with prejudice. The complaint sought to prevent the investiture of a duly appointed US District Judge. However, the court found the complaint to be frivolous, meritless and beyond the bounds of decorum. The court determined the action was unreasonable and could only serve the personal aggrandizement of the plaintiff, representing a plain abuse of judicial process.
()f? rrA!1Pl\ * Plaintiff. * 71-572 Civ.T. * .t.f()I)GES, et: al, * lJefendan t: '* o R D E R rrHIS came on for consideration upon the filing t,d: c'l complaint by Jim Fair, Pro se. III the plaintiff seeks entry of a i.e i- fj ,:(tJ ()rder restraining the in'Jesti ture of a duly aJ.)pointed anc1 c(.. tJnited states District Jl.ldge. Plaintiff also see]{s d,ecla.ra'f:ory ancl oth,eJ: inj unctiva relief. 'fhe comJ:")laint herein is so frivolous, merit.less alld a.s tt') the bounds of judicial decorum. 'l1Jlis acti(.")n is unreasoI:'lable and can ser\1e no ptlrpose otller than ti1.e .pers()n?-l aggrand'izement: of plaintiff. The JJringing of this actior represents a plain abuse of judicial process. Under these circumstances the Court will deny plaintiff's . ent.ry of a temporary restraining order and will t.lle act.ion wi th FCej uclice on grOl.llld 'tha1: .plaint.iff llcl'i ,nC) t: rna.de a fai t.h effort to state a claim for relief. 1. Plaintiff's prayer for entry of a temporary restrai ORDERED at I"lorida, this 27tl1. day of neceln})Or, 1971 .. N tnlY'I"r;'l') .1 l.Jf'>(lfr.