Walters v. New Mexico

• Decision Date: 17 November 2021
• Docket Number: 6:21-cv-1510-WWB-LRH
• Parties: JONATHAN RANDALL WALTERS, Plaintiff, v. STATE OF NEW MEXICO Defendant.
• Court: U.S. District Court — Middle District of Florida

JONATHAN RANDALL WALTERS, Plaintiff,
v.
STATE OF NEW MEXICO Defendant.

No. 6:21-cv-1510-WWB-LRH

United States District Court, M.D. Florida, Orlando Division

November 17, 2021

REPORT AND RECOMMENDATION

LESLIE R. HOFFMAN, UNITED STATES MAGISTRATE JUDGE

TO THE UNITED STATES DISTRICT COURT:

This cause came on for consideration without oral argument on the following motion filed herein:

MOTION: MOTION TO PROCEED IN FORMA PAUPERIS (Doc. 7)

FILED: October 6, 2021

THEREON it is RECOMMENDED that the motion be DENIED AND THE COMPLAINT DISMISSED WITHOUT PREJUDICE BUT WITHOUT LEAVE TO AMEND.

I. BACKGROUND.

On September 14, 2021, Plaintiff Jonathan Randall Walters, proceeding pro se, filed a “Complaint for Violation of Civil Rights” against Defendant State of New

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Mexico. (Doc. 1). Plaintiff purports to assert a claim under 42 U.S.C. § 1983 for violations of his First, Fourth, Fifth, and Fourteenth Amendment rights. (Id., at 3). More specifically, Plaintiff alleges that:

Numerous members of New Mexico State Government including the Attorney General and its officers, the New Mexico Regulation and Licensing Department, NM Dept of Workforce Solutions, and the New Mexico Economic and Development Department have violated plaintiff[']s rights under the U.S. Constitution Amendments 1, 4, 5, and 14 while these State officials were on-duty and being paid by the taxpayers, and acting under the full color of both State law which is governed by the U.S Constitution

(Id., at 4).

Under “Statement of Claim, ” Plaintiff lists 20 purported violations of his constitutional rights, which took place from January 2021 to present, and include that various members of New Mexico government: harassed Plaintiff and his business partners; engaged in “overt and public defamatory tactics” to destroy Plaintiff's person, businesses, and “green technology invention;” engaged in witness tampering, harassment, and coercion to obtain a fraudulent conviction; illegally confiscated “intellectually derived materials, ” personal materials, and business related materials; illegally used “fraudulently obtained search and seizure warrants;” confiscated Plaintiff's personal and real property and then sold it to the highest bidder without due process; illegally entered Plaintiff's domicile without a search warrant; manufactured regulations “out of thin air, ” which were applied retroactively to seek Plaintiff's incarceration; refused to accept Plaintiff's offer of

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“full and comprehensive and complete cooperation” and refused to accept Plaintiff's exculpatory evidence; and theft of $15, 000 in personal and emergency “locally kept cash.” (Id., at 4, 7-8). Plaintiff also alleges, from January 2019 to present, “violation by the NM Economic development Department based upon Plaintiff[']s racial makeup, ” and “Plaintiff[']s political beliefs and political utterings.” (Id., at 8). Finally, Plaintiff alleges “[p]ersecution based upon the violations stated thus far but does not include any other violations discovered during discovery/trial phases.” (Id.).

For relief, Plaintiff seeks the following: (1) protective services until this situation is resolved; (2) criminal incarceration for all parties determined to be in violation of Federal law; and (3) $125 million in real and punitive damages for damage to his person, his psychological well-being, and to his business and technology. (Id., at 5).

With the complaint, Plaintiff filed an Application to Proceed in District Court Without Prepaying Fees (Doc. 2), which the undersigned denied without prejudice on September 23, 2021 for insufficient information. (Doc. 6). Plaintiff has now filed a renewed application, using the...