Sonja Mullerin v John Hayter, et al.

,1:12-cv-00190-SPM-GRJ Florida state court alleged to operate as a corrupt RICO enterprise District Clerk would not issue summons for Florida judges Mullerin v Hayter alleges a Florida state court operated as a corrupt RICO enterprise. The Plaintiff alleged a Florida court deprived her of rights under 42 U.S.C. 1983 through a pattern of racketeering activity to benefit a local attorney and law firm that used the court for “asset stripping” - to obtain fraudulent court orders requiring money or property to be transferred from the true owners - persons targeted by the enterprise - to the law firm and its clients. The suit alleges the Alachua County Florida court was not operated in an effective and expeditious manner for which it was created by statute - but as a corrupt RICO enterprise for the private benefit of the law firm and its clients. This case also shows the District Clerk would not issue summons in a lawsuit against Florida judges. A composite of documents is posted on Scribd: http://www.scribd.com/doc/163229364/Sonja-Mullerin-v-John-Hayter-1-12-Cv-190 Case: Sonja Mullerin v John Hayter, et al.,1:12-cv-00190-SPM-GRJ U.S. District Court, Northern District, Florida - case filed August 20, 2012 Plaintiff - Sonja Mullerin, UF grad student in a landlord-tenant dispute. The Plaintiff was previously an attorney licensed in Colorado but not licensed in Florida. Defendants -John Hayter, a Florida licensed attorney ID 275141. John F. Hayter, Attorney At Law, P.A. 704 NE 1st St., Gainesville, Florida 3260-15303 Judith Yesha Brill, individual, the landlord, and client of John Hayter. David Kreider is a judge of the Alachua County Court in his individual capacity. [David Philip Kreider is a member of the judiciary and The Florida Bar, ID 961248] Denise Ferrero is a judge of the Alachua County Court in her individual capacity. [Denise Rae Ferrero is a member of the judiciary and of The Florida Bar, ID 971944] Debbie Spivey, individual, and Judge Kreider's judicial assistant. Doc. 16. First Amended Complaint, Civil RICO, 42 U.S.C. 1983, October 18, 2012. Doc. 19. Motion for Order Directing Issuance of Summons, October 30, 2012. Doc. 20. Letter to U.S. Judge Stephan P. Mickle, re summons, November 15, 2012. Doc. 21. Order, Gary R. Jones, U.S. Magistrate Judge, in part below...January 15, 2013. “Plaintiff alleges violations of the Racketeering Influenced and Corrupt Organization Act (RICO), 18 U.S.C. §§ 1961-1968 and of her civil rights under 42 U.S.C. § 1983. Plaintiff’s claims stem from state civil court proceedings involving a dispute with her landlord. She contends that her landlord and her landlord’s attorney violated RICO by using the courts to strip Plaintiff of her assets and that the attorney, three state court judges, and a judicial assistant conspired to obstruct justice and violate Plaintiff’s civil rights. The state court proceedings were pending at the time Plaintiff filed her complaint. Plaintiff requests damages, permanent injunctive relief, and attorney’s fees....” Doc. 23. Order, dismissed w/o prejudice, U.S. Magistrate Judge Gary R. Jones, March 4, 2013.

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION SONJA MULLERIN, Plaintiff, v. JOHN HAYTER, et al., Defendants. _____________________________/ ORDER This matter is before the Court on Plaintiff’s Motion for Order Directing Issuance of Summonses (Doc. 19). Plaintiff, proceeding pro se, has also written a letter to the Court regarding her case. (Doc. 20). Plaintiff alleges violations of the Racketeering Influenced and Corrupt Organization Act (RICO), 18 U.S.C. §§ 1961-1968 and of her civil rights under 42 U.S.C. § 1983. Plaintiff’s claims stem from state civil court proceedings involving a dispute with her landlord. She contends that her landlord and her landlord’s attorney violated RICO by using the courts to strip Plaintiff of her assets and that the attorney, three state court judges, and a judicial assistant conspired to obstruct justice and violate Plaintiff’s civil rights. The state court proceedings were pending at the time Plaintiff filed her complaint. Plaintiff requests damages, permanent injunctive relief, and attorney’s fees. (Doc. 16.) Plaintiff was previously denied leave to proceed in forma pauperis (Docs. 14, 17) and subsequently paid the full filing fee (Doc. 15). In her Motion for Order Directing Issuance of Summonses (Doc. 19), Plaintiff advises the Court that she asked the Clerk CASE NO. 1:12-cv-190-SPM-GRJ

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to issue summonses–though she did not present the Clerk with completed summons forms–and the Clerk refused, telling Plaintiff she would need a court order to proceed with service. Plaintiff requests the Court to issue an order directing the Clerk to issue summonses for defendants in this case. Shortly thereafter, Plaintiff wrote a letter addressed to the District Judge explaining that her only remedy would be to go to the Eleventh Circuit Court of Appeals with a request for mandamus, but she would be agreeable to voluntarily dismissing her case if the Court refunded her $350.00 filing fee. (Doc. 20). Plaintiff is advised that she may voluntarily dismiss the instant action pursuant to Rule 41(a)(1). Such a dismissal could be effected without order of the court and would be without prejudice. However, Plaintiff would not be entitled to a refund of her $350.00 filing fee. Plaintiff is also concerned that a voluntarily dismissal of this case would be considered a previous dismissal under Rule 41 if she should initiate the suit in the future and attempt to voluntarily dismiss that suit. Pursuant to Rule 41, that would be the effect and a second voluntary dismissal of the same claims would operate as an adjudication on the merits. Voluntary dismissal of the instant case would be without prejudice and would not be considered an adjudication on the merits. Given this clarification, Plaintiff will be given 14 days to advise the Court whether she wishes to pursue this case1 or file a notice of voluntary dismissal. Meanwhile, a ruling on Plaintiff’s motion to direct issuance of summonses will be deferred. Upon due consideration, it is ORDERED:
1

If Plaintiff wishes to pursue this case, before sum m onses will be issued the Court will address whether this case should be dism issed in its entirety for lack of subject m atter jurisdiction and for failure to state a claim .
Case No: 1:12-cv-190-SPM-GRJ

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1. Ruling on Plaintiff’s Motion for Order Directing Issuance of Summonses (Doc. 19) is DEFERRED. 2. Plaintiff has until on or before January 29, 2013 to advise the Court of whether she intends to pursue this case or file a notice of voluntary dismissal of the instant action. DONE AND ORDERED this 15th day of January 2013.

s/Gary R. Jones
GARY R. JONES United States Magistrate Judge

Case No: 1:12-cv-190-SPM-GRJ

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION SONJA MULLERIN, Plaintiff, v. JOHN HAYTER, et al., Defendants. _____________________________/ ORDER This matter is before the Court on Plaintiff’s Notice of Dismissal. (Doc. 22.) Pursuant to the Court’s January 15, 2013 Order (Doc. 21) directing Plaintiff to advise the Court of whether Plaintiff intends to pursue this case or file a notice of voluntary dismissal, Plaintiff has filed a Notice of Dismissal providing notice that the case is dismissed. Although Plaintiff characterizes the dismissal as an involuntary dismissal the dismissal constitutes a voluntary dismissal under Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure. Pursuant to Rule 41(a)(1)(A) a “plaintiff may dismiss an action without court order by filing: (I) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment.” The Rule provides that the dismissal is without prejudice. The notice of dismissal is self-executing without further court action. Accordingly, this case is dismissed without prejudice and the Clerk is directed to CASE NO. 1:12-cv-190-SPM-GRJ

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close the case and terminate all pending motions . DONE AND ORDERED this 4th day of March 2013.

s/Gary R. Jones
GARY R. JONES United States Magistrate Judge

Case No: 1:12-cv-190-SPM-GRJ

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CLOSED,CLERK_1,JYDMD,ProSeNonPrisonerCase

U.S. District Court Northern District of Florida (Gainesville) CIVIL DOCKET FOR CASE #: 1:12-cv-00190-SPM-GRJ

MULLERIN v. HAYTER et al Assigned to: SENIOR JUDGE STEPHAN P MICKLE Referred to: MAGISTRATE JUDGE GARY R JONES Cause: 18:1961 Racketeering (RICO) Act

Date Filed: 08/20/2012 Date Terminated: 03/04/2013 Jury Demand: Plaintiff Nature of Suit: 470 Racketeer/Corrupt Organization Jurisdiction: Federal Question

Plaintiff SONJA MULLERIN represented by SONJA MULLERIN PO BOX 358378 GAINESVILLE, FL 32635 PRO SE

V. Defendant JOHN HAYTER AN INDIVIDUAL Defendant JUDITH YESHA BRILL AN INDIVIDUAL Defendant DAVID KREIDER JUDGE OF THE ALACHUA COUNTY COURT IN HIS INDIVIDUAL CAPACITY Defendant DENISE FERRERO JUDGE OF THE ALACHUA COUNTY COURT IN HER INDIVIDUAL CAPACITY Defendant DEBBIE SPIVEY AN INDIVIDUAL

Date Filed 08/20/2012

#

Docket Text

1 COMPLAINT against JUDITH YESHA BRILL, DENISE FERRERO, JOHN HAYTER, DAVID KREIDER, DEBBIE SPIVEY, filed by SONJA MULLERIN. (No service

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copies received, no fee paid, motion for IFP received) (kdm) (Entered: 08/20/2012) 08/20/2012 08/20/2012 08/20/2012 2 MOTION for Leave to Proceed in forma pauperis by SONJA MULLERIN. (Affidavit of Financial Status attached) (kdm) (Entered: 08/20/2012) 3 MOTION to File 2 MOTION for Leave to Proceed in forma pauperis Under Seal by SONJA MULLERIN. (kdm) (Entered: 08/20/2012) 4 VERIFIED APPLICATION/MOTION for Temporary Restraining Order AND Preliminary Injunction by SONJA MULLERIN. (Attachments: # 1 Proposed Temporary Restraining Order) (kdm) (Entered: 08/20/2012) 5 CERTIFICATE OF NOTICE/SERVICE by SONJA MULLERIN re 1 Complaint, 4 VERIFIED APPLICATION/MOTION for Temporary Restraining Order AND Preliminary Injunction. (kdm) (Entered: 08/20/2012) 6 Notice to Pro Se. Mailed to: SONJA MULLERIN, PO BOX 358378, GAINESVILLE, FL 32635. (kdm) (Entered: 08/20/2012) ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 1 COMPLAINT, (No service copies received, no fee paid, motion for IFP received), 2 MOTION for Leave to Proceed in forma pauperis, (Affidavit of Financial Status attached), 3 MOTION to File MOTION for Leave to Proceed in forma pauperis Under Seal, 4 VERIFIED APPLICATION/MOTION for Temporary Restraining Order AND Preliminary Injunction, 5 CERTIFICATE OF NOTICE/SERVICE. Referred to GARY R JONES. (kdm) (Entered: 08/20/2012) 8 REPORT AND RECOMMENDATION - It is recommended that Plaintiffs motion for a temporary restraining order (Doc. 4 ) be DENIED. R&R flag set. Signed by MAGISTRATE JUDGE GARY R JONES on 8/21/2012. Internal deadline for referral to district judge if objections are not filed earlier: 9/18/2012. (kdm) (Entered: 08/22/2012) 9 OBJECTION to Magistrate's 8 Report and Recommendations by SONJA MULLERIN. (kdm) (Entered: 09/05/2012) 10 RENEWED AND AMENDED APPLICATION/MOTION for Preliminary Injunction by SONJA MULLERIN. (kdm) (Entered: 09/05/2012) 11 RENEWED MOTION to File Under Seal, re 3 MOTION to File 2 MOTION for Leave to Proceed in forma pauperis by SONJA MULLERIN. (kdm) (Entered: 09/05/2012) ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE STEPHAN P MICKLE notified that action is needed Re: 9 OBJECTION to Magistrate's 8 Report and Recommendations, 10 RENEWED AND AMENDED APPLICATION/MOTION for Preliminary Injunction, 11 RENEWED MOTION to File Under Seal, re 3 MOTION to File 2 MOTION for Leave to Proceed in forma pauperis. (kdm) (Entered: 09/05/2012) 12 SEALED ORDER. Signed by SENIOR JUDGE STEPHAN P MICKLE on 9/13/2012. (kdm) (Entered: 09/13/2012) 13 ORDER adopting 8 Report and Recommendation; denying 4 VERIFIED APPLICATION/MOTION for Temporary Restraining Order AND Preliminary Injunction. Signed by SENIOR JUDGE STEPHAN P MICKLE on 9/14/2012. (kdm) (Entered: 09/14/2012)

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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 13 ORDER adopting 8 Report and Recommendation. (kdm) (Entered: 09/14/2012) 14 REPORT AND RECOMMENDATION - It is recommended that pursuant to 28 U.S.C. § 1915(a)(1), Plaintiffs motion for leave to proceed in forma pauperis (Doc. 2 ) should be DENIED and Plaintiff should be directed to file the $350.00 filing fee, failing which this case should be dismissed without further notice. Signed by MAGISTRATE JUDGE GARY R JONES on 10/2/2012. Internal deadline for referral to district judge if objections are not filed earlier: 10/30/2012. (kdm) (Entered: 10/03/2012) 15 CIVIL Filing fee: $ 350.00, receipt number 1-1789. Fee status updated to paid. (kdm) (Entered: 10/18/2012) ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE STEPHAN P MICKLE notified that action is needed Re: 15 CIVIL Filing Fee Received, re 14 REPORT AND RECOMMENDATION re 2 MOTION for Leave to Proceed in forma pauperis. (kdm) (Entered: 10/18/2012) 16 FIRST AMENDED COMPLAINT against JUDITH YESHA BRILL, DENISE FERRERO, JOHN HAYTER, DAVID KREIDER, DEBBIE SPIVEY, filed by SONJA MULLERIN. (No service copies received) (Parties will be updated only after the court has reviewed the amended complaint and specifically directed the Clerk to add the additional parties reflected in the amended complaint) (kdm) (Entered: 10/18/2012) ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 16 FIRST AMENDED COMPLAINT (No service copies received). (kdm) (Entered: 10/18/2012) 17 ORDER ADOPTING 14 REPORT AND RECOMMENDATION; denying 2 Motion for Leave to Proceed in forma pauperis. Signed by SENIOR JUDGE STEPHAN P MICKLE on 10/19/2012. (kdm) (Entered: 10/19/2012) ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 17 ORDER ADOPTING 14 REPORT AND RECOMMENDATION. (kdm) (Entered: 10/19/2012) 18 ORDER DENYING 10 RENEWED AND AMENDED APPLICATION FOR PRELIMINARY INJUNCTION. Signed by SENIOR JUDGE STEPHAN P MICKLE on 10/23/2012. (kdm) (Entered: 10/23/2012) 19 MOTION For Order Directing Issuance of Summonses by SONJA MULLERIN. (Attachments: # 1 Cover Letter) (kdm) (Entered: 10/30/2012) ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 19 MOTION For Order Directing Issuance of Summonses. Referred to GARY R JONES. (kdm) (Entered: 10/30/2012) 20 Letter titled "Dear Judge Mickle" from SONJA MULLERIN (kdm) (Entered: 11/15/2012) ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 20 Letter titled "Dear Judge Mickle" from SONJA MULLERIN. (kdm) (Entered: 11/15/2012)

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21 ORDER deferring 19 MOTION For Order Directing Issuance of Summonses. (Advise the Court of whether she intends to pursue this case or file a notice of voluntary dismissal - on or before 1/29/2013). Signed by MAGISTRATE JUDGE GARY R JONES on 1/15/2013. (kdm) (Entered: 01/15/2013) 22 NOTICE of Dismissal by SONJA MULLERIN. (kdm) (Entered: 01/29/2013) ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 22 Notice of Dismissal, re 21 Order. (kdm) (Entered: 01/29/2013) 23 ORDER, re 22 NOTICE of Dismissal. Signed by MAGISTRATE JUDGE GARY R JONES on 3/4/2013. Accordingly, this case is dismissed without prejudice and the Clerk is directed to close the case and terminate all pending motions. (kdm) (Entered: 03/05/2013)

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