United States v. Rainbow

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
                                   :              FILED
UNITED STATES OF AMERICA,              29 JUL 1996
     Plaintiff,

                  vs.                  CASE NO. 96-183-Civ-J-20

THE RAINBOW FAMILY, etc., et al.,
     Defendants.

ORDER

1. To the extent Glen Baxter seeks to intervene, see Glen Baxter's Motion for Dismissal of Civil Action No. 96-183 in Lieu of Answer and Subject to the Facts (Doc. #46 and Prayer for Relief (Doc. #47), both filed on March 14, 1996; Motion for Dismissal of Civil Action No. 96-183 in Lieu of Answer and Subject to the Facts (Doc. #75) and Prayer for Relief (Doc. 676), both filed on April 29, 1996; Response to the United States District Court for the Middle District of Florida Re: Order of May 10, 1996, Item 4 (Doc. #92), filed on May 30, 1996, his request is DENIED. Mr. Baxter has failed to establish he meets each of the requirements for intervention as of right under Fed. R. Civ. P. 24(a). See Chiles v. Thornburgh, 865 F.2d 1197, 1213 (11th Cir. 1989).

2. Glen Baxter's request for extension of time, contained in his Prayer for Relief (Doc. #47), filed on March 14, 1996, is rendered MOOT in view of paragraph 4 of the Order (Doc. #80), entered on May 10, 1996.

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3. The Motion for Leave to Proceed In Forma Pauperis (Doc. #82), filed on May 20, 1996, by Defendant "Wackem" also known as William L. Barrie, is DENIED inasmuch as he has not shown a need for in forma pauperis status under 28 U.S.C. § 1915.

4. William Thomas' Application to Intervene as a Defendant (Doc. %88), filed on May 22, 1996, is DENIED. Paragraph 1 of the Order (Doc. #80), entered on May 10, 1996, denied Mr. Thomas ' previous motion to intervene and he has not established a justification for the Court to reconsider that ruling. Further, in view thereof, the Opposition of Proposed Intervenor William Thomas to Plaintiff's Motion for Default Judgment (Doc. #97) and the Memorandum in Support of Opposition of Defendant Intervenor William Thomas to Plaintiff's Motion for Default Judgment (Doc. #98), both filed on June 12, 1996, are STRICKEN. The Ex Parte Motion for Leave to Proceed In Forma Pauperis (Doc. #90), filed on May 22, 1996, is also DENIED.

5. Plaintiff's request for a stay, contained in Plaintiff's Response to Defendant's Objection to Plaintiff's Motion for Extension of Time to Move for Certification of the Defendant Class (Doc. #96), filed on June 11, 1996, is GRANTED. Accordingly, the ruling on Plaintiffs Motion for extension of Time to Move for Certification of the Defendant Class (Doc. #81), filed on May 14,

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1996, is STAYED pending resolution of Plaintiff's Motion to Dismiss and for Default Judgment (Doc. #93), filed on May 30, 1996.

DONE and ORDERED at Jacksonville, Florida. this 29th day of July, 1996.

(signed),
HOWARD T. SNYDER
United States Magistrate Judge

Copies to: Counsel of record Pro Se Parties

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