Farrow v. Henderson
| Decision Date | 21 December 2001 |
| Docket Number | No. 6:01CV371-ORL-22JGG.,6:01CV371-ORL-22JGG. |
| Citation | 195 F.Supp.2d 1320 |
| Parties | Frank L. FARROW, Plaintiff, v. William J. HENDERSON, Postmaster General, U.S. Postal Service; the American Postal Workers Union AFL-CIO; and American Postal Workers Union Local No. 1672, Defendants. Frank L. FARROW, Plaintiff, v. John E. Potter,<SMALL><SUP>1</SUP></SMALL> Postmaster General, U.S. Postal Service; the American Postal Workers Union AFL-CIO; and American Postal Workers Union Local No. 1672, Defendants. |
| Court | U.S. District Court — Middle District of Florida |
Frank L. Farrow, Daytona Beach, FL, Pro se.
Joseph Egan, Jr., Richard Paul Siwica, Egan, Lev & Siwica, P.A., Orlando, FL, Susan L. Catler, O'Donnell, Schwartz & Anderson, Washington, DC, Roberto H. Rodriguez, Jr., U.S. Attorney's Office, Middle District of Florida, Orlando, FL, for the American Postal Workers Union AFL-CIO, American Postal Workers Union Local No. 1672, John E. Potter, defendants.
This cause comes before the Court on the following motions: Motion to Dismiss, or, in the Alternative for Summary Judgment of the American Postal Workers Union, AFL-CIO (Doc. 4), filed April 5, 2001; Motion to Dismiss, or, in the Alternative for Summary Judgment of the Daytona Beach Area Local, American Postal Workers Union, AFL-CIO (Doc. 17), filed May 10, 2001; and Motion to Dismiss, or, in the Alternative for Summary Judgment of John E. Potter, Postmaster General, United State Postal Service (Doc. 36), filed June 28, 2001.
On October 9, 2001, Magistrate Judge James Glazebrook entered a Report and Recommendation addressing the instant motions. Judge Glazebrook recommended that the motion be granted. In so recommending, Judge Glazebrook made the following determinations:
1. The instant action is barred by the principle of res judicata. Plaintiff, Frank L. Farrow, has previously filed 13 actions relating to the same general set of facts and circumstances. On September 7, 2001, District Judge Patricia C. Fawsett entered an Order in cases 6:01-CV-649-ORL-19DAB and 6:01-CV-832-ORL-19JGG, dismissing Farrow's claims with prejudice and barring him from filing any future actions against his employer based on alleged employment actions taken against him. Judge Glazebrook determined that the claims in the instant action arose from the same common nucleus of operative fact as the previous cases, and are therefore barred by res judicata.
2. Neither the local nor national union breached its duty of fair representation by refusing to sue to vacate an arbitration award adverse to Farrow.
3. As a matter of law, neither union had an obligation to sue to vacate the arbitration award.
4. Because neither union violated its duty of fair representation, it was unnecessary to address the issue of whether the postal service breached its collective bargaining agreement with the unions by discharging Farrow.
On October 18, 2001, Farrow filed a Motion to Reconsider Dismissal (Doc. 51). Despite the motion's title, it appears to have been filed in response to the Report and Recommendation's direction to file objections within 10 days of its entry.
As a pro se plaintiff, Farrow's pleadings are not required to conform to standards as rigid as those required of pleadings filed by counsel. Nevertheless, the Court notes that Plaintiff's response to the Report and Recommendation is nothing more than a recitation of the facts giving rise to his action. In no part of his pleading does Farrow challenge Judge Glazebrook's findings or conclusions. As such, he has failed to articulate any cognizable objection to the Report and Recommendation.
Consequently, the Court adopts both the findings and conclusions set forth in Judge Glazebrook's Report and Recommendation. It is hereby ORDERED that:
1. The Motion to Dismiss, or, in the Alternative for Summary Judgment of the American Postal Workers Union, AFL-CIO (Doc. 4), filed April 5, 2001 is GRANTED.
2. The Motion to Dismiss, or, in the Alternative for Summary Judgment of the Daytona Beach Area Local, American Postal Workers Union, AFL-CIO (Doc. 17), filed May 10, 2001 is GRANTED.
3. The Motion to Dismiss, or, in the Alternative for Summary Judgment of John E. Potter, Postmaster General, United State Postal Service (Doc. 36), filed June 28, 2001, is GRANTED.
4. Plaintiff, Frank L. Farrow's, action is DISMISSED WITH PREJUDICE. In accordance with Judge Fawsett's September 7, 2001 Order, Plaintiff is advised that the filing of future actions based on the same set of facts may result in the imposition of sanctions.
5. The Clerk is directed to close this case.
This cause came on for hearing on August 17, 2001 on the following motions:
THEREON it is RECOMMENDED that the motion be GRANTED.
THEREON it is RECOMMENDED that the motion be GRANTED.
THEREON it is RECOMMENDED that the motion be GRANTED.
On March 23, 2001, pro se plaintiff Frank L. Farrow ("Farrow") filed a complaint against the American Postal Workers Union, AFL-CIO ("APWU" or "National") and the Daytona Beach Area Local, APWU Local No. 1672 ("Local"), alleging that the APWU breached its duty of fair representation by the manner in which it scheduled an arbitration hearing, and by refusing to sue the United States Postal Service to vacate the subsequent arbitration award. Plaintiff also filed a complaint against John E. Potter, Postmaster General, United States Postal Service ("USPS" or "Postal Service") alleging the Postal Service breached the collective bargaining agreement. On April 25, 2001, defendant APWU filed a motion to dismiss the complaint, or in the alternative for summary judgment. [Docket No. 4]. On May 10, 2001, defendant Local filed a motion to dismiss the complaint, or in the alternative for summary judgment. [Docket No. 17]. On June 28, 2001, defendant Postal Service filed a motion to dismiss the complaint, or in the alternative for summary judgment. [Docket No. 36].
Although under Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957), a district court should not dismiss a complaint for failure to state a claim unless it appears beyond a doubt that plaintiff can prove no set of facts that would entitle the plaintiff to relief and a court must accept a plaintiff's well pled facts as true and construe the complaint in the light most favorable to the plaintiff, when, on the basis of a dispositive issue of law, no construction of the factual allegations of a complaint will support the cause of action, dismissal of the complaint is appropriate. Executive 100, Inc. v. Martin County, 922 F.2d 1536 (11th Cir.1991), cert. denied, 502 U.S. 810, 112 S.Ct. 55, 116 L.Ed.2d 32 (1991); Powell v. United States, 945 F.2d 374 (11th Cir.1991); Bracewell v. Nicholson Air Services, Inc., 680 F.2d 103, 104 (11th Cir. 1982).
A court should not dismiss a complaint for failure to state a claim unless it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Conley v. Gibson, 355 U.S. at 45 — 46, 78 S.Ct. 99; see Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984); Powell v. Lennon, 914 F.2d 1459, 1463 (11th Cir.1990); Wright v. Newsome, 795 F.2d 964, 967 (11th Cir.1986); Ancata v. Prison Health Services, Inc., 769 F.2d 700, 703 (11th Cir.1985) (threshold is "exceedingly low"). In determining whether to dismiss a case, the Court accepts the allegations in the complaint as true, and otherwise views the allegations in the light most favorable to the plaintiff. Linder v. Portocarrero, 963 F.2d 332, 334 (11th Cir. 1992) citing Quality Foods de Centro Am., S.A. v. Latin Am. Agribusiness Dev. Corp., 711 F.2d 989, 994-95 (11th Cir. 1983). The pleadings of a pro se litigant are to be held to less stringent standards than those drafted by an attorney. Eidson v. Arenas, 910 F.Supp. 609, 612 (M.D.Fla.1995), citing Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972).
If the Court looks to matters outside the pleadings submitted in support of a motion to dismiss, the motion is converted to one for summary judgment pursuant to Fed. R.Civ.P. 56. Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The moving party bears the initial burden of showing the Court, by reference to materials on file that there are no genuine issues of material fact that should be decided at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Jeffery v. Sarasota White Sox, 64 F.3d 590, 593-94 (11th Cir.1995); Clark v. Coats & Clark, Inc., 929 F.2d 604 (11th Cir.1991).
A moving party discharges its burden on a motion for summary judgment by showing the Court that there is an absence of evidence to support the non-moving party's case. Celotex, 477 U.S. at 325, 106 S.Ct. 2548. Rule 56 permits the moving party to discharge its burden with or without supporting affidavits and to move for summary judgment on the case as a whole or on any claim. Id. When a moving party has discharged its burden, the non-moving party must then "go beyond the pleadings," and by its own...
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