There’s a hilarious exchange happening right now on In Session. Ashleigh Banfield has Rocky Joe’s sister on the phone.
Banfield points out that Rocky Joe is lawsuit happy. He has sued everyone, and all the cases have been dismissed.
Here’s a typical Rocky Joe dismissal:
In this matter, filed January 1, 2007, Plaintiff sued President George W. Bush, Judge Phillips, the Sixth Circuit Clerk, the “federal government,” and the State of Ohio. Plaintiff alleges a deprivation of his Sixth, Eighth, and Fourteenth Amendment rights pursuant to 42 U.S.C. § 1983. Plaintiff alleges “a conspiracy in furtherance of a conspiracy and a direct attempt to delay, impede, and obstruct justice”; in other words, his prior lawsuits have not been dealt with in the way Plaintiff would like, and George W. Bush and the Sixth Circuit were complicit in permitting this travesty (it is unclear what Ohio has done, other than being the state where the City of Cincinnati is located).
Plaintiff’s complaint is full of invective against non-defendant federal and state officials, police officers, the victim in the murder of which Plaintiff has been accused, and pretty much every one else except soldiers in the armed forces. Procedurally, Plaintiff has demanded Judge Varlan’s recusal and entry of default judgment against all defendants-despite the absence of evidence any defendant has been properly served.
Here (and in all his pending cases), Plaintiff is seeking monetary damages from government entities or officials. As stated herein, his claims are frivolous, malicious, offensive, and patently without merit. Moreover, his complaint fails to state a claim.The defendants are all immune and thus this Court does not have subject matter jurisdiction, as it has pointed out to Mr. Houston on numerous occasions. Plaintiff’s claims also appear to be time-barred…*
Banfield then asks the sister, “Do you see how this doesn’t help Rocky Joe’s case?”
What’s hilarious is that the sister doesn’t get it… “Well we sued George Bush because…”
Banfield looks shocked, but refuses to engage with the stupidity and asks another question.
On Westlaw: Houston v. Potter. Slip Copy, 2007 WL 5238976. E.D.Tenn.,2007.
On LexisNexis: Houston v. Potter, 2007 U.S. Dist. LEXIS 39898 (E.D. Tenn. May 30, 2007)
