AUSTIN v. MCLEOD ( 2022 )

UNITED STATES DISTRICT COURT DISTRICT OF MAINE CHRISTOPHER AUSTIN, ) ) Plaintiff, ) ) v. ) Docket No. 2:22-cv-00245-NT ) NICOLE MCLEOD, ) ) Defendant. ) ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On October 18, 2022, the United States Magistrate Judge filed with the Court, with copy to the Plaintiff, her Recommended Decision after a preliminary review of the Plaintiff’s Complaint under 28 U.S.C. § 1915(e)(2)(B). Recommended Decision (ECF No. 9). The Plaintiff filed an objection to the Recommended Decision on October 25, 2022 (ECF No. 10). I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision. I concur with the recommendations of the United States Magistrate Judge. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge (ECF No. 9) is hereby ADOPTED. It is further ORDERED that, in accordance with 28 U.S.C. § 1915(e)(2)(B), the Plaintiff’s Complaint (ECF No. 1) is DISMISSED. Further, given that Plaintiff has filed two other baseless cases with this court (Austin v. Stavros, No. 2:18-cv-00247-GZS, 2018 WL 3105779 (D. Me. June 25, 2018), R. & R. aff’d by 2018 WL 3352640; Austin v. Hamilton, No. 2:18-cv-00285-GZS, 2018 WL 4358266 (D. Me. Sept. 13, 2018), R. & R. aff’d by 2018 WL 4567703) I hereby place the Plaintiff on NOTICE that filing restrictions “may be in the offing.” Cok v. Fam. Ct. of R. I., 985 F.2d 32, 35 (1st Cir. 1993). This represents the “cautionary order” of which Cok speaks. Id. Groundless and inappropriate filings will not be tolerated. SO ORDERED. /s/ Nancy Torresen United States District Judge Dated this 2nd day of November, 2022.