3:25-cv-00637•Winding v. United States District Court for the Southern District of Mississippi et al
Winding v. United States District Court for the Southern District of Mississippi et al
3:25-cv-00637Lamd30 janv. 2026
Texte intégral
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JAMES C. WINDING CIVIL ACTION VERSUS UNITED STATES DISTRICT COURT NO. 25-00637-BAJ-RLB FOR THE SOUTHERN DISTRICT OF MISSISSIPPI, ET AL. RULING AND ORDER The Magistrate Judge issued a Report and Recommendation (Doc. 5, the "Report") recommending that the Court dismiss the above-captioned matter with prejudice for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A. (Doc. 5 at 7). The Magistrate Judge recommends dismissal for two reasons. First, Plaintiff has a long history ofrepetitious filings challenging his criminal convictions. (Id. at 3). The United States Court of Appeals for the Fifth Circuit has warned Plaintiff several times to cease filing these repetitious claims and has imposed sanctions on Plaintiff. (Id.). Plaintiff has failed to pay the sanctions imposed by the Circuit, and as such, the Magistrate Judge emphasized that Plaintiff is barred from filing the instant suit. (Id. at 4). Second, even if Plaintiff was not barred from filing the instant suit, the IVIagistrate Judge found that his claims have no merit. (Id.). Plaintiff objects to the Report, raising issues pertaining to the propriety of his underlying criminal convictions. (Doc. 6; Doc 7). Plaintiff also asks this Court to disregard the Fifth Circuit's sanctions "in the interest of justice as [Plaintiff] has Case 3:25-cv-00637-BAJ-RLB Document 8 01/30/26 Page 1 of 3
provided this Honorable Court with clearly undisputed evidence that his conviction and sentence are based upon a (void ab initio) Indictment and charge[.]" (Doc. 6 at 5). The Fifth Circuit's April 18, 2025 Order to Plaintiff emphasizes the following: Winding has disregarded this court's previous warnings and has remained undeterred by the monetary sanctions of $100, $200, and $500 previously imposed by this court for his continued filing of frivolous, repetitive, or otherwise abusive motions challenging his convictions and sentences. Accordingly, Winding is ORDERED to pay an additional sanction of $1,000 to the clerk of this court, and he is specifically BARRED from filing, in this court or in any court subject to this court's jurisdiction, any pleading based, in whole or in part, on his kidnapping and sexual battery convictions and sentences until the sanction is satisfied. In the event that Winding satisfies the $1,000 sanction, he shall remain BARRED from, filing, in this court or in any court subject to this court's jurisdiction, any pleading based, in whole or in part, on his kidnapping and sexual battery convictions and sentences, unless he first obtains leave of the court in which he seeks to file such challenge. Moreover, Winding is again WARNED that he should review any pending complaints, motions, and appeals and withdraw any that are frivolous or repetitive, and that failure to withdraw any frivolous or repetitive proceedings could result in the imposition of additional monetary sanctions. Finally, Winding is WARNED that filing any frivolous or repetitive pleading or challenge to his kidnapping and sexual battery convictions and sentences, in this court or any court subject to this court's jurisdiction, will subject him to additional and progressively more severe sanctions. (Circuit Case No. 25-90004, Doc. 16-2 (emphasis added)). The record before the Court does not indicate that Plaintiff has paid the sanctions imposed by the Circuit. Even if he has paid the sanctions, Plaintiff has not sought leave to file the instant case as ordered by the Circuit. This Court may not disregard the Circuit's Orders, as Circuit precedent is binding on this Court. See, e.g., Jett Racing & Sales, Inc. v. Transamerica Corn. Fin. Corp., 892 F. Supp. 161, 163 Case 3:25-cv-00637-BAJ-RLB Document 8 01/30/26 Page 2 of 3
(S.D. Tex. 1995) ("That proposition, however, must be addressed to the Fifth Circuit
Court of Appeals, the decisions of which are binding on this Court.").
After considering Plaintiffs Complaint (Doc. 1), the Report (Doc. 5), and
Plaintiffs Objections to same (Doc. 6; Doc. 7), the Court APPROVES the
Magistrate Judge s Report and Recommendation and ADOPTS it as the Court s
opinion in this matter.
Accordingly,
IT IS ORDERED that Plaintiffs Motion to Amend Objection to Report
and Recommendation (Doc. 7) is GRANTED. The Court has considered Plaintiffs
Amended Objection to the Report in issuing the instant Ruling and Order. (Doc. 7).
IT IS FURTHER ORDERED that the above-captioned action be and is
hereby DISMISSED WITH PREJUDICE for failure to state a claim upon which
relief may be granted pursuant to 28 U.S.C. §§ 1915(e) and 1915A
Judgment will be entered separately.
1,
E ^ Baton Rouge, Louisiana, this *JU_dSy of January, 2026
.'Q.^
JUDGE BRIAN A. J^^KSON
UNITED STATES D^TRICT COURT
MIDDLE DISTRICT OF LOUISIANA
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