Bruce Edward Phillips, Jr. v. Social Security Administration ( 2019 )


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  •             Case: 18-13378   Date Filed: 07/24/2019   Page: 1 of 3
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 18-13378
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 1:18-cv-02921-TCB
    BRUCE EDWARD PHILLIPS, JR.,
    Plaintiff-Appellant,
    versus
    SOCIAL SECURITY ADMINISTRATION,
    DEPARTMENT OF VETERANS AFFAIRS,
    Defendants-Appellees.
    ________________________
    Appeal from the United States District Court
    for the Northern District of Georgia
    ________________________
    (July 24, 2019)
    Before TJOFLAT, JORDAN and FAY, Circuit Judges.
    PER CURIAM:
    Case: 18-13378      Date Filed: 07/24/2019   Page: 2 of 3
    Bruce Edward Phillips, Jr. appeals from the District Court’s sua sponte
    dismissal of his pro se civil rights action for frivolity under 28 U.S.C. §
    1915(e)(2)(B)(i), and the District Court’s denial of 31 motions as moot. In his
    complaint, Phillips alleged various torts and crimes by an unspecified number of
    persons. For example, Phillips alleged that someone broke into his apartment and
    tore down pictures of Beyoncé Knowles, and that “Mrs. Beyoncé Knowles Carter
    and her mother Mrs. Tina Knowles, who also work[ed] closely with Mr. and Mrs.
    Bill and Melinda Gates, all of whom work[ed] for the CIA, regularly attend[ed]
    [Phillips’s] Tai Chi and Kung Fu Martial Arts School in Washington[,] DC, and
    [were] fully aware and may have been partially responsible for the break-in” at his
    apartment.
    On appeal, Phillips has filed what appears to be an almost identical version
    of the complaint he filed in the District Court, along with the “Addend[a]” he later
    filed. He does not expressly address the District Court’s grounds for dismissing
    his complaint or denying his pending motions.
    When appropriate, we will review a district court’s dismissal of a claim as
    frivolous under § 1915(e)(2)(B)(i) for abuse of discretion. Napier v. Preslicka, 
    314 F.3d 528
    , 531 (11th Cir. 2002). We likewise review the dismissal of a case for
    failure to comply with the rules of the court for abuse of discretion. Zocaras v.
    Castro, 
    465 F.3d 479
    , 483 (11th Cir. 2006).
    2
    Case: 18-13378     Date Filed: 07/24/2019    Page: 3 of 3
    Phillips’s appeal fails for two reasons. First, he has abandoned any
    challenge to the District Court’s order because he failed to address any of its
    conclusions—he simply refiled his complaint and addenda. See Timson v.
    Sampson, 
    518 F.3d 870
    , 874 (11th Cir. 2008) (per curiam). Second, even if his
    brief can be read as a challenge to the District Court’s order, the District Court did
    not err. Phillips’s allegations are “wildly implausible,” and the District Court
    correctly refused to accept them as true. See Miller v. Donald, 
    541 F.3d 1091
    ,
    1100 (11th Cir. 2008). The District Court also correctly determined that most of
    Phillips’s allegations appeared entirely unrelated, so the defendants were
    improperly joined under Federal Rule of Civil Procedure 20. See Fed. R. Civ. P.
    20(a)(2).
    Accordingly, we affirm the District Court’s order.
    AFFIRMED.
    3
    

Document Info

Docket Number: 18-13378

Filed Date: 7/24/2019

Precedential Status: Non-Precedential

Modified Date: 7/24/2019