Automated Summary
Key Facts
The court denied the plaintiff's motion to reopen the case, which had been dismissed in 2021 under 28 U.S.C. § 1915(g). The Eighth Circuit later dismissed the appeal for failure to prosecute. The plaintiff, a prisoner, has a history of abusive litigation practices, leading the court to consider the current motion frivolous.
Issues
The court denied the plaintiff's motion to reopen the case, determining that the request was frivolous and consistent with his prior pattern of abusive litigation under 28 U.S.C. § 1915(g). The court also directed the Clerk to return any future documents submitted by the plaintiff unfiled.
Holdings
- The Court determined that Plaintiff's post-judgment motion to reopen is frivolous and consistent with his prior pattern of abusive litigation. The motion is therefore denied, and the Clerk is directed to return any future documents to Plaintiff unfiled.
- The Court orders that any additional documents submitted by Plaintiff in this closed matter shall be returned unfiled by the Clerk of Court.
Remedies
- The Court ordered the Clerk of Court to return any additional documents submitted by Plaintiff in this closed matter unfiled.
- The Court denied Plaintiff's motion to reopen the case (ECF No. 21) as it was deemed frivolous and consistent with his prior pattern of abusive litigation.
Legal Principles
The court denied Plaintiff's post-judgment motion to reopen, citing his history of abusive litigation practices under 28 U.S.C. § 1915(g). This decision aligns with prior rulings where the plaintiff was found to have knowingly and persistently engaged in judicial process abuse. The court emphasized that the motion was frivolous and consistent with the plaintiff's established pattern, resulting in a directive to the Clerk to return any future documents unfiled.
Precedent Name
- Engel v. Jefferson County Sheriff Dep't
- Engel v. PayPal
Cited Statute
Judicial Improvements Act of 1985
Judge Name
Henry Edward Autrey
Passage Text
- IT IS HEREBY ORDERED that Plaintiff's motion to reopen, ECF No. 21, is DENIED.
- Plaintiff's motion is frivolous, and it is consistent with his prior pattern of abusive litigation before this Court. The Court will therefore deny the motion and direct the Clerk to return any future documents to Plaintiff unfiled.
- This action was dismissed on August 13, 2021, pursuant to 28 U.S.C. § 1915(g). On October 27, 2021, the Eighth Circuit Court of Appeals dismissed Plaintiff's appeal for failure to prosecute.