Carn et al v. Mizell, No. 1:2008cv00786 - Document 4 (M.D. Ala. 2008)

Court Description: SUPPLEMENTAL OPINION AND ORDER that the 1 Motion to Enjoin Further Fraudulent Demands is denied without prejudice as further set out. Signed by Honorable Myron H. Thompson on 10/10/2008. (cb, ) Modified on 10/10/2008 to correct the title of Order(cb, ).
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION IN RE: STAGE DOOR DEVELOPMENT, INC., ) ) ) Debtor, ) ) WILLIAM C. CARN, III, ) Trustee in Bankruptcy for ) Stage Door Development, ) Inc., ) ) Plaintiff, ) ) v. ) ) H. JACK MIZELL, ) ) Defendant and Third) Party Plaintiff, ) ) JAMES TIMOTHY TURNER, ) ) Third-Party Plaintiff, ) ) v. ) ) HON. DWIGHT H. WILLIAMS, ) et al., ) ) Third-Party ) Defendants. ) CIVIL ACTION NO. 1:08cv786-MHT (WO) SUPPLEMENTAL OPINION AND ORDER Counsel for defendant Dwight H. Williams having orally informed the court that he no longer wishes to pursue injunctive relief, it is ORDERED that the motion to enjoin further fraudulent demands (doc. no. 1) is denied without prejudice. Nonetheless, comments. The the court complaint offers these additional by third-party brought plaintiffs H. Jack Mizell and James Timothy Turner was, without question, frivolous. Mizell and Turner are therefore on notice that, if they harass federal judges by bringing any future such frivolous law suits based on the rulings of those judges, the court will consider entering an injunction against them and imposing other appropriate sanctions. If Mizell and Turner should disagree with a judge s ruling, the appropriate avenue of relief is to pursue a timely appeal, not to sue the judge. DONE, this the 10th day of October, 2008. _____________________________ /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE