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Filipas v. Lemons

United States Court of Appeals, Sixth Circuit
Dec 16, 1987
835 F.2d 1145 (6th Cir. 1987)

Summary

holding that requiring a vexatious litigant to obtain leave of the court before filing any further complaints does not violate the First Amendment

Summary of this case from Silva v. Swift

Opinion

No. 87-3703.

Submitted November 30, 1987.

Decided December 16, 1987.

Peter Filipas, pro se.

Appeal from the United States District Court for the Northern District of Ohio.

Before LIVELY, Chief Judge, KENNEDY, Circuit Judge, and PECK, Senior Circuit Judge.


ORDER

The plaintiffs have filed two motions for pauper status on appeal from the district court's order returning their complaint unfiled in this civil rights case. 42 U.S.C. § 1983. The defendants have filed a motion to dismiss. The appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. After an examination of the record and the plaintiffs' brief, this panel agrees unanimously that oral argument is not needed. Fed.R.App.P. 34(a).

As a preliminary matter, it should be noted that the defendants' motion to dismiss is actually in the nature of a motion to affirm. Such motions are forbidden by Rule 8(a)(1), Rules of the Sixth Circuit. Therefore the motion to dismiss is denied.

Turning to the merits, it is clear that the plaintiffs are vexatious litigants who have filed many complaints concerning the same 1972 automobile accident. The district court entered an order requiring leave of court before the plaintiffs filed any further complaints. This requirement is the proper method for handling the complaints of prolific litigators, and the procedure does not violate the first amendment. Abdullah v. Gatto, 773 F.2d 487, 488 (2d Cir. 1985) (per curiam); In re Green, 669 F.2d 779, 785-86 (D.C. Cir. 1981) (per curiam).

After entry of the court's order, the plaintiffs filed another complaint concerning the 1972 automobile accident. The court refused permission to file the complaint and denied the plaintiffs' request for pauper status. We agree with the conclusions of the district court for the reasons stated in its memorandum and order.

The motions for pauper status are denied. The appeal is dismissed because it is frivolous and entirely without merit. Rule 9(b)(4), Rules of the Sixth Circuit.


Summaries of

Filipas v. Lemons

United States Court of Appeals, Sixth Circuit
Dec 16, 1987
835 F.2d 1145 (6th Cir. 1987)

holding that requiring a vexatious litigant to obtain leave of the court before filing any further complaints does not violate the First Amendment

Summary of this case from Silva v. Swift

holding the proper procedure for handling a harassing or vexatious filer is to enter an order requiring leave of court before the individual may file any further complaints, motions, or other documents

Summary of this case from Kinney v. Anderson Lumber Co.

holding the proper procedure for handling a prolific, harassing, or vexatious filer is to enter an order requiring leave of court before the individual may file any further complaints, motions, or other documents

Summary of this case from Marceaux v. Belmont Univ.

holding that a "prolific litigator" must obtain leave of court before filing any further complaints

Summary of this case from Menefee v. Houston Police Dep't

holding that an order requiring leave of court before plaintiffs file any further complaints is the proper method for handling the complaints of prolific litigators

Summary of this case from Hinton v. Supportkids, Inc.

holding that an order requiring leave of court before plaintiffs file any further complaints is the proper method for handling the complaints of prolific litigators

Summary of this case from Overton v. U.S.

holding that an order requiring leave of court before plaintiffs file any further complaints is the proper method for handling the complaints of prolific litigators

Summary of this case from Overton v. U.S.

holding that an order requiring leave of court before plaintiffs file any further complaints is the proper method for handling the complaints of prolific litigators

Summary of this case from Kaminetzky v. Frost Nat. Bank of Houston

upholding the district court's requirement the prolific litigators obtain leave of court before filing any further complaints

Summary of this case from Graham v. Liberty Mutual Insurance Company

recognizing that a federal court “has the authority to issue an injunctive order to prevent prolific and vexatious litigants from filing pleadings without first meeting pre-filing restrictions.”

Summary of this case from Bell v. City of Cincinnati

recognizing that a federal court “has the authority to issue an injunctive order to prevent prolific and vexatious litigants from filing pleadings without first meeting pre-filing restrictions.”

Summary of this case from Bell v. The Soc. Sec. Admin.

noting that an order requiring leave of court before future filings is "the proper method for handling the complaints of prolific litigators"

Summary of this case from United States ex rel. Odish v. Northrop Grumman Corp.

requiring vexatious litigants to obtain leave of court before filing any further complaints does not violate the First Amendment

Summary of this case from Riccard v. Prudential Ins. Co.

noting courts have authority to impose restrictions on harassing and vexatious litigators

Summary of this case from Heinz v. Folland

requiring vexatious litigants to obtain leave of court before filing any further complaints does not violate the First Amendment

Summary of this case from Lustig v. Stone

noting courts have authority to impose restrictions on harassing and vexatious litigators

Summary of this case from Meros v. Dimon

entering an order requiring leave of court before the plaintiffs filed any further complaints was "the proper method for handling the complaints of prolific litigators"

Summary of this case from Harnden v. Mich. Dep't of Human & Health Servs.

In Filipas, the court upheld a district court's order requiring the plaintiffs to receive leave of court prior to filing any lawsuits.

Summary of this case from Raimondo v. Hood

noting courts have authority to impose restrictions on harassing and vexatious litigators

Summary of this case from Johnson v. University Housing

stating that "the proper method for handling the complaints of prolific litigators" was to require leave of the court before permitting the plaintiffs to file further complaints

Summary of this case from Chastang v. Sandles
Case details for

Filipas v. Lemons

Case Details

Full title:PETER FILIPAS; EMMA FILIPAS, PLAINTIFFS-APPELLANTS, v. ADDIE LEE LEMONS…

Court:United States Court of Appeals, Sixth Circuit

Date published: Dec 16, 1987

Citations

835 F.2d 1145 (6th Cir. 1987)

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