Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Moore v. Ellender

United States District Court, W.D. Louisiana, Monroe Division

May 18, 2018

BRENDA MOORE
v.
AMY ELLENDER, ET AL.

          TERRY A. DOUGHTY Judge

          REPORT AND RECOMMENDATION

          KAREN L. HAYES UNITED STATES MAGISTRATE

         On April 19, 2018, pro se plaintiff Brenda Moore filed the instant civil rights action against defendants, Amy Ellender and James Yeldell. See Complaint, doc. # 1. After reviewing the complaint, the undersigned recommends that this case be dismissed, with prejudice because Moore's claims are barred by res judicata, and, as this court previously ruled, because the lawsuit is frivolous. It is further recommended that, as a sanction for plaintiff's continued filing of frivolous claims, she be barred from proceeding in forma pauperis in this court.

         Background

         I. The First Law Suit.

         On February 6, 2012, Moore filed a civil rights action against defendants, the Louisiana Supreme Court; the Louisiana Court of Appeals for the Second Circuit; the Fourth Judicial District Court for the Parish of Morehouse; Attorney Amy Ellender; Attorney James Yeldell; Frank Moore, Sr.; Elnora Thomas; and Judge Scott Leehy. Moore v. Yeldell (3:12-cv-00364), doc. # 1. Moore sought to collaterally challenge the disposition of her then ongoing Louisiana state court petition by asserting that all three levels of the state court system, the state district court judge, plus others, violated her constitutional rights under the 14th and 15th Amendments. Id. Moore sought a judgment reversing or reforming her father's 1972 succession proceedings to place her in possession of her father's immovable property, plus $50, 000 in damages. Id.

         On March 9, 2012, the undersigned entered a Report and Recommendation, recommending that the case be dismissed for multiple reasons. Moore v. Yeldell (3:12-cv-00364), doc. # 7. The undersigned reasoned that Moore failed to state a claim for violation of her right to vote under the Fifteenth Amendment; the Louisiana District Court and Court of Appeals were not subject to suit under Louisiana law; the Louisiana Supreme Court was entitled to Eleventh Amendment Immunity; Judge Leehy was entitled to judicial immunity on Moore's individual capacity claims against him; the Court lacked subject matter jurisdiction over Moore's official capacity claims against Judge Leehy; Ms. Ellender was entitled to immunity; Moore failed to state a claim against Mr. Yeldell, Mr. Moore, and Ms. Thomas; and that Moore's claims for declaratory relief were subject to dismissal under controlling Supreme Court precedent. Id.

         On April 20, 2012, the Court adopted the Report and Recommendation. Moore v. Yeldell (3:12-cv-00364), doc. # 10. On June 7, 2012, Moore filed her notice of appeal. Moore v. Yeldell (3:12-cv-00364), doc. # 12. On August 16, 2013, the Fifth Circuit affirmed the District Court. Moore v. Yeldell, 537 Fed.Appx. 412 (5th Cir. 2013).

         II. The Second Law Suit.

         On March 3, 2017, Moore filed another civil rights action against defendants Judge Robert Farr, James Yeldell, Amy Ellender; Judge Scott Leehy; Frank Moore, Sr.; Elnora Thomas; and Judge Wendell Manning. Moore v. Farr (3:17-cv-00349), doc. # 1. Moore again asserted claims arising out of her father's 1972 succession proceedings, which were essentially the same claims as she asserted in her 2012 civil rights action. Id. On April 7, 2017, the Court entered an order striking the complaint for failure to comply with Fed.R.Civ.P. 11. Moore v. Farr (3:17-cv-00349), doc. # 5. On May 11, 2017, the Court entered an order denying Moore's motion to reinstate the case. Moore v. Farr (3:17-cv-00349), doc. # 8. The Court held that any effort to cure the deficiency would be futile because Moore's claims were barred by res judicata and judicial immunity. Id. On June 5, 2017, Moore filed a notice of her appeal to the Fifth Circuit. Moore v. Farr (3:17-cv-00349), doc. # 9. On October 24, 2017, the Fifth Circuit entered its judgment holding that it was without jurisdiction to hear a direct appeal from a magistrate judge's ruling where no objection was filed with the district court. Moore v. Farr (3:17-cv-00349), doc. # 13.

         III. The Instant Law Suit.

         On April 19, 2018, Moore filed the instant civil rights action against defendants, Amy Ellender and James Yeldell. See Complaint, doc. # 1. Moore again asserts claims arising out of her father's 1972 succession proceedings, which are essentially the same claims as she asserted in her 2012 and 2017 civil rights actions. Id. On April 30, 2018, the Court granted Moore's motion to proceed in forma pauperis. See Order, doc. # 4.

         Law and Analysis

         I. R ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.