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Judge John E. Steele throws out lawsuit against himself

Judge John E. Steele throws out lawsuit against himself

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Published by Sheriff_Joe_Arpaio
As expected defendant/judge Steele U.S.D.C. (M.D. of FL) rules to dismiss the lawsuit against himself.
As expected defendant/judge Steele U.S.D.C. (M.D. of FL) rules to dismiss the lawsuit against himself.

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Published by: Sheriff_Joe_Arpaio on Jun 18, 2014
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08/05/2014

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION SCOTT HUMINSKI, for himself and Those similarly situated, Plaintiff, v. Case No: 2:13-cv-692-FtM-29DNF  JOHN E. STEELE, Honorable, U.S. DISTRICT COURT MIDDLE DISTRICT OF FLORIDA, CLERKS OF THE COURT, and DOUGLAS FRAZIER, Honorable, Defendants.
ORDER
 This matter comes before the Court on plaintiff's Motion to Consolidate with Huminski v. Vermont for Appeal, Re: Both Cases Sua Sponte Summarily Dismissed Violative of Huminski v. Lavoie (Doc. #120) filed on May 29, 2014; Motion to Make Additional and/or amended Findings Pursuant to Rule 52(b) (Doc. #121) filed on May 29, 2014; Motion for Rule 60 Relief FromJudgment (Doc. #122) filed on June 4, 2014; Motion for TRO Re: Defendant Steele Acting as Defense Counsel for the Middle District of Florida and Other Defendants (Doc. #123-2) filed on June 6, 2014; and a Supplemental Memo, Re: No Authority Exists in the United States Concerning Sua Sponte Summary Dismissals Grounded Upon an Affirmative Defense (Doc. #124) filed on June 6, 2014. The motions are resolved below. Accordingly, it is hereby
ORDERED:
 
Case 2:13-cv-00692-JES-DNF Document 125 Filed 06/18/14 Page 1 of 3 PageID 672
 
 - 2 - 1.
 
Plaintiff's Motion to Consolidate with Huminski v. Vermont for Appeal, Re: Both Cases Sua Sponte Summarily Dismissed Violative of Huminski v. Lavoie (Doc. #120) is
DENIED without  prejudice
 to seeking consolidation before the Eleventh Circuit, if appropriate
.
No appeal is currently pending in this case or in plaintiffs other case, 2:13-cv-685-FTM-29DNF, and therefore there are no appeals to consolidate at this time. 2.
 
Plaintiffs Motion to Make Additional and/or amended Findings Pursuant to Rule 52(b) (Doc. #121) is
DENIED.
 The Court finds no amendment or additional findings are required. Plaintiffs motion primarily focuses on the closure of the related case, 2:13-cv-685-FTM-29DNF, without articulating what findings in this case require amendment. Therefore, the motion is denied.
 
3.
 
Plaintiffs Motion for Rule 60 Relief FromJudgment (Doc. #122) is
DENIED
. Plaintiff argues violation of his due process based on the dismissal of the case, that the undersigned is not entitled to immunity because plaintiff is only seeking declaratory relief, and that the undersigned cannot “advocate” for defendants as counsel. The due process argument is denied for the same reasons that plaintiff is not entitled to declaratory relief.  The doctrine of absolute judicial immunity serves to protect
federal
 judges frominjunctive relief as well as money damages.Bolin v. Story, 225 F.3d 1234, 1240 (11th Cir. 2000)(emphasis in original). To the extent that plaintiff sought declaratory relief, an adequate remedy at law remains available to address the
Case 2:13-cv-00692-JES-DNF Document 125 Filed 06/18/14 Page 2 of 3 PageID 673

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