Reactions to story from Overlawyered â Chronicling the high cost of our legal system
Larry Sinclair v. Barack Obama
http://overlawyered.com/ index.php/ 2008/ 05/ larry-sinclair-v-barack-obama/
We had a request to post the District of Minnesota opinion dismissing the meritless Sinclair v. Obama litigation (discussed May 15), so I have uploaded the magistrate's thorough report and recommendation in Case No. 08-cv-00360-JMR-RLE (D. Minn.). Sinclair failed to file objections to the February 25 report, and Judge James M. Rosenbaum adopted it in a summary order dated March 19, issuing final judgment the same day. Note that the magistrate applied 28 U.S.C. § 1915(e)(2)(B)(i) to dismiss the plainly frivolous case sua sponte without requiring the victimized defendants to expend legal fees in responding; in December 2006, I discussed the underuse of this provision in pro se litigation.
Reactions / posts that link to this post
-
Obama Accuser Lawsuit Dismissed
http://deathby1000papercuts.blogspot.com/2008/05/obama-accus...The Larry Sinclair story has been filled with accusations and allegations but interspersed between the innuendo and claims of illicit sex, illegal drugs, now murder, are some cold, hard facts that Sinclair hasn't been eager to share, the February 25th ruling made by Judge Raymond L. Erickson in the District of Minnesota Federal Court. Sinclair has upped the ante by personally attacking Michelle Obama referring to her today in a post entitled: Michelle Obama: The Reason She Is A Bitter, Evil Bitch; She Just Can't Toss Barack's Tea Bags!" The website Overlawyered.com has posted an update on the status of the first Federal lawsuit filed by Sinclair in the District Court of Minneapolis versus Senator Obama, David Axelrod, and the DNC. A direct link to the magistrate's thorough report and recommendations can be found at Overlawyered. The final judgment was rendered on March 19 where Judge James M. Rosenbaum dismissed Sinclair's case. Ted Frank at Overlawyered points out that the judge dismissed the "plainly frivolous case sua sponte without requiring the victimized defendants to expend legal fees in responding". Here's a summary of Judge Raymond L. Erickson's decision rendered back on February 25, 2008: Calling Sinclair's allegations "scant", the Judge wrote that Sinclair was attempting to sue the three defendants, Obama, Axelrod, and the DNC, for "allegedly violating his (Sinclair) right to free speech". Sinclair seeks an injunction that would: 1. Compel "defendants to cease any investigation and turn over any fruits from said investigation". 2. Compel "defendants to cease all acts of intimidation and instruct their staff and supporters to cease with intimidation and threats". 3. Compel "defendant Democratic National Committee to remove all attack statements, smear and slanderous claims made against (Sinclair) on any and all of its sections of its official website". Sinclair's IFP application was denied and the action dismissed because he (Sinclair) filed a pleading that failed to "state a claim on which relief may be granted". To state an actionable claim for relief, a Complaint must allege a set of historical facts which, if proven true, would entitle the complainant to some legal redress against the named defendants, based upon some recognized legal principle or doctrine. While Federal Courts must “view pro se pleadings liberally, such pleadings may not be merely conclusory: the complaint must allege facts, which if true, state a claim as a matter of law.” Excerpt from Judge Erickson's Decision Sinclair, who's claimed on previous websites that he has extensive "legal" knowledge and that he has a "degree in law" was shot down by the judge who wrote that Sinclair had resorted to making his Youtube video after his allegations against "Obama did not receive the publicity that Sinclair intended, by all appearances, to generate". The judge found that Sinclair's allegations were "scant" and that he had "failed to state a claim on which relief may be granted". Read More Larry Sinclair -Obama Lawsuit Dismissed: Sinclair Attacks Michelle Obama By LBG Source - Overlawyered - Larry Sinclair Versus Barack Obama Image - Gavel Death by 1000 Papercuts Front Page
-
Larry Sinclair v. Barack Obama
http://obama.affluentblogger.net/larry-sinclair-v-barack-oba...Larry Sinclair v. Barack Obama May 15, 2008 – 11:08 pm var AdBrite_Title_Color = '66B5FF'; var AdBrite_Text_Color = '000000'; var AdBrite_Background_Color = 'FFFFFF'; var AdBrite_Border_Color = 'FFFFFF'; var AdBrite_URL_Color = '38B63C'; Your Ad Here Obama litigation (discussed May 15), so I have uploaded the magistrate’s thorough report and recommendation in Case No. 08-cv-00360-JMR-RLE (D. Minn.). Sinclair failed to file objections to the February 25 report, and Judge James M. … Read the rest of this great post here Posted in Uncategorized | No Comments » Previous Entries Recent Comments Recent Post Michelle Obama: Growing Up Hating America?
More rising blog posts
More rising news stories
Recent posts from Overlawyered â Chronicling the high cost of our legal system
-
Google AdWords class action
3 hours ago -
ADA: Sure, call him a “professional plaintiff”
3 hours ago -
Compelling disclosure of commenters’ identities
4 hours ago