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Billy R. Kidwell v. Federal Bureau of Investigation

September 22, 2011


The opinion of the court was delivered by: Beryl A. Howell United States District Judge


Plaintiff Billy R. Kidwell, who is proceeding pro se, has filed a lawsuit against numerous defendants alleging, inter alia, violations of the Americans with Disabilities Act, the due process clause of the U.S. Constitution, and the Freedom of Information Act. Various motions are pending before the Court. For the reasons explained below, the Court denies (1) the plaintiff's motion to stay the proceedings, (2) the plaintiff's motion for reconsideration of a prior order of the Court, (3) the plaintiff's motion requesting the Court order the parties in this case to comply with certain ethical rules, and (4) the plaintiff's motion for a stay so that he may seek a writ of mandamus. The Court also grants three pending motions to dismiss as conceded because the plaintiff failed to respond to them within the time period set by the Court. Finally, the Court addresses the status of two U.S. government agencies that are defendants in this matter but that have not been served. The Court will extend the plaintiff's time to serve these two defendants with respect to the plaintiff's Freedom of Information Act claim.


This lawsuit originated with the purchase of an allegedly defective Gibson Les Paul guitar and guitar strap by Plaintiff Billy R. Kidwell, a pro se litigant who is a resident of Florida. See Compl. ¶¶ 16, 51-52. Unhappy with his purchase of this musical equipment, the plaintiff filed a pro se lawsuit against the Gibson Guitar Corporation in state court in Florida. Id. ¶ 51-54, 56. The judge in that case apparently dismissed the suit on jurisdictional grounds due to the low amount in controversy and directed that the case could be refiled in "County Court." Id. ¶ 166. The plaintiff objected to this decision and attributed it to the defendants' perjury and a "clear conspiracy" involving the judge and opposing counsel. See id. ¶¶ 166, 167, 172. Therefore, upon refiling his lawsuit in county court in Florida, the plaintiff also added the previous judge as a defendant in the new case. Id. ¶ 172. The plaintiff, however, concluded that the new judge who was assigned to his case, Judge John Duryea, is also part of a "clique" of Florida judges and attorneys who conspire to "fix" cases. Id. ¶ 197. Accordingly, in the instant case, the plaintiff has brought suit against the Gibson Guitar Corporation, affiliated attorneys, Judge Duryea, and Florida judicial entities. The plaintiff's suit also objects to what he alleges are illegal failures to accommodate his various disabilities, which include "post-traumatic stress disorder," heart problems, and "deep depression," and for which the plaintiff takes "a number of heavy medications." Id. ¶¶ 32-47. The plaintiff contends that the defendants have violated the Americans with Disabilities Act and the U.S. Constitution and have deprived the plaintiff of meaningful access to the courts. Id. ¶¶ 3-8. In addition, the plaintiff is suing the Federal Bureau of Investigation and the U.S. Department of Justice ("DOJ") for their failure to investigate or prosecute the "Gibson Guitar Criminals" and the "'Political Clique' of corrupt judges [who] were endangering the life of the plaintiff." Id. ¶¶ 256-57. The plaintiff also has alleged that the FBI and DOJ failed to respond to Freedom of Information Act requests. Id. ¶¶ 265-66. Thus, the instant lawsuit names eight defendants: the FBI, the DOJ, the State of Florida, the Twentieth Judicial Circuit Court of Florida, Lee County Judge John Duryea, Florida attorney Brian Beason, Gibson Guitar Corp., and Barbara O'Connell, whom the plaintiff describes as "Gibson Guitar's Fake Tennessee Attorney." Id. at 1-2. Four motions to dismiss this case are currently pending. See ECF Nos. 3, 4, 8, 13.

Defendant Barbara O'Connell filed a motion to dismiss for lack of personal jurisdiction. ECF No. 3. Defendants Gibson Guitar Corporation and Barbara O'Connell filed a motion to dismiss for failure to state claim and improper venue. ECF No. 4. Defendant Brian Beason filed a motion to dismiss on various grounds. ECF No. 8. Defendants State of Florida, the Twentieth Judicial Circuit of the State of Florida, and The Honorable Judge John Duryea also filed a motion to dismiss. ECF No. 13. The federal government defendants have not entered an appearance in this case and the plaintiff has admitted that they have not been served. See ECF No. 47.

Upon the filing of the defendants' pending motions to dismiss, the Court issued orders pursuant to Fox v. Strickland, 837 F.2d 507, 509 (D.C. Cir. 1988), advising the pro se plaintiff of his obligations in responding to dispositive motions. See ECF Nos. 12, 14. The Court afforded the plaintiff thirty days in which to respond to the defendants' dispositive motions, see id., and then granted the plaintiff's motion for additional time to respond by extending his time by an another thirty days. See Minute Order dated Aug. 4, 2011. Thus, the plaintiff's response to the motion to dismiss filed by the State of Florida, the Twentieth Judicial Circuit of the State of Florida, and The Honorable Judge John Duryea was due on September 18, 2011 and the plaintiff's responses to all other pending motions to dismiss were due by September 11, 2011.

To date, the plaintiff has only filed a response to one motion to dismiss -- the motion to dismiss of Barbara O'Connell for lack of personal jurisdiction. See ECF No. 21 (responding to ECF No. 3).

Although he has not responded to three pending motions to dismiss, the plaintiff has filed several motions of his own. In addition to a motion to disqualify the undersigned, which the Court has addressed in a separate order, see ECF No. 48, the plaintiff has filed (1) a "Motion for this Extremely Anti-Pro Se Litigant Court to Abide by ABA Model Rule of Professional Conduct 8.3 and Judicial Counsel Code of Conduct for Federal Judges [sic]," ECF No. 33 (the "Professional Conduct Motion"); (2) a "Motion to Stay Proceedings Due to Plaintiff's Extremely Life-Threatening Dire Health While Plaintiff Complies with the Safe Harbor Provisions of Rule 11, [sic]" ECF No. 35 (the "Motion to Stay Proceedings"); (3) a Motion to Reconsider Denial of Plaintiff's Motion to Proceed In Forma Pauperis and Motion for Appointment of Counsel, Or In Alternative Notice of Appeal [sic]," ECF No. 36 (the "Motion for Reconsideration"); and (4) an "Emergency Supplemental Motion for Stay of Proceedings Pending Mandamus Decision," ECF No. 47, (the "Mandamus Stay Motion").

The pending motions in this case are presently before the Court.

II.The Professional Conduct Motion

The Professional Conduct Motion alleges various purported biases, lies, and other ethical failings on the part of the Court and counsel in this case. The motion requests that the judge "stop her bias," comply with ethical rules, and order all parties in this case to be truthful and comply with ethical rules. See Professional Conduct Mot. at 14-15.

To the extent that the plaintiff requests that counsel and the Court comply with all applicable ethical rules, counsel and the Court are already under such obligations and no further order is necessary. To the extent that the plaintiff alleges the undersigned is biased and should recuse herself from this case, the Court has already addressed the plaintiff's independent motion for disqualification and recusal of the undersigned in a separate order. Accordingly, the Professional Conduct Motion is denied.

III.The Motion to Stay Proceedings

The plaintiff has moved to stay the proceedings in this case to give the plaintiff time to prepare Rule 11 motions. In the plaintiff's view, Rule 11 motions are warranted in this case because "the Attorneys for the Defendants, pursuant to this Court's 'Policy' of not requiring honesty, truthfulness, or fair-play from Trained Attorneys when the victim is a Pro Se Litigant, have intentionally violated Rule 11, by filing Motions to Dismiss, and other motions, in Bad Faith, for the Improper Purpose of harassing Plaintiff, severely irreparably aggravating Plaintiff's Life-Threatening Disabilities, endangering Plaintiff's ...

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