THIS MATTER COMES BEFORE THE COURT sua sponte for consideration of the Second Amended Complaint for Damages, Declaratory and Injunctive Relief [22] filed by Plaintiff Douglas Handshoe on January 22, 2016, without Plaintiff first obtaining leave of Court or opposing parties’ written consent. For the reasons that follow, the Court will strike this unauthorized pleading.Just before Judge Ozerden issued his order, lawyers for the Toronto Star had filed a motion seeking to strike the illegal Second Amended Complaint. They pointed out that Handshoe has already once been warned by a federal judge about precisely this practice of illegal amendments:
Plaintiff here should be familiar with the process of amending pleadings as he was recently admonished by a court for similar practices; see Handshoe v. Abel, No. 1;14-cv-159-KS-MTP, 2016 WL 110519, slip op. at *2 (S.D. Miss. Jan. 8, 2016) (striking Plaintiff’s amendments to add new claims and parties and warning “that the proper avenue for adding such claims and parties is through a motion for the Court’s leave or with opposing party’s written consent pursuant to Federal Rule of Civil Procedure 15(a)(2).”)Indeed, within less than a month, both Judge Ozerden and Judge Starrett in the now-dismissed Handshoe v Abel case have acted on their own accord, that is "sua sponte," to prevent Handshoe from making illegal amendments to his various lawsuits. Judge Ozerden did not even reference to Tronto Star's motion in his decision. Legal observers say that district court judges acting sua sponte is very rate, and that this could indicate a pronounced shift in the way Handshoe is being viewed within the U.S. District Court for the Southern District of Mississippi.
That Handshoe, after being "warned" by one federal judge in the same court against amending without permission, Handshoe would two weeks later do exactly the same thing, could greatly favor Defendant Chris Yount's case that Handshoe should be considered a vexatious litigant. How long the district court judges--Kaith Starrett, Chief Judge Louis Guirola, and Judge Ozerden--will put up with Handshoe's conduct without taking action to sanction him is an open question. He currently has matters pending before all three
Yount in the Abel case is seeking sanctions against Handshoe, and the response from the inveterate blogger is due tomorrow. An exhibit filed by Yount shows that Handshoe has filed court papers against dozens of persons, including National Geographic, in the past three years.
Indeed, the table of litigation exhibit filed by Yount speaks for itself. When will the Mississippi courts stop being so accommodating to Douglas Handshoe?
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| Douglas K. Handshoe |
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| Douglas K. Handshoe |
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| Douglas K. Handshoe |
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