Summary
The United States District Court for the Eastern District of Kentucky issued an order denying plaintiff Robert Johnson’s motion to proceed in forma pauperis and dismissing his pro se civil complaint as frivolous and improperly venued. Citing Johnson’s extensive history of filing over 500 civil cases across multiple jurisdictions, the court imposed provisional pre-filing restrictions and ordered him to show cause within twenty-one days why these restrictions should not become permanent. The order emphasizes that while pro se litigants are afforded latitude, they cannot abuse the court’s resources through repetitive or vexatious filings.
Topics
Practice areas
Questions Presented
- Whether the plaintiff is entitled to proceed in forma pauperis.
- Whether the plaintiff's complaint should be dismissed for lack of jurisdiction, improper venue, and frivolous content.
- Whether the court may impose pre‑filing restrictions on a vexatious litigant.
Holdings
- The motion to proceed in forma pauperis is denied because the plaintiff failed to use the proper form, omitted required financial information, and provided an incorrect address.
- The complaint is dismissed for lack of proper venue under 28 U.S.C. §1391(b) and for being frivolous and conclusory.
- The court may impose pre‑filing restrictions, requiring prior permission, payment of fees, and submission of a show‑cause response before the litigant may file future suits.
Key quotations
“If a party repeatedly files frivolous lawsuits or motions, the Court may require them to obtain prior permission before filing any new lawsuit.” (at 269)
“The Court will impose these restrictions if Johnson does not file a timely response or files a response that does not identify factually and legally sufficient grounds why they should not be imposed.” (at 2)
Factual background
Robert Johnson, a New York resident, is a prolific pro se litigant who has filed hundreds of civil actions in federal courts, many of which were dismissed for frivolous claims or procedural defects. In the present case he alleged discrimination by Timothy Kirwan without providing factual details and submitted an incomplete in forma pauperis motion using the court's own address as his own.
Procedural history
Robert Johnson filed a pro se complaint and a motion to proceed in forma pauperis in the Eastern District of Kentucky. The court considered the motions, found the filings frivolous and improper, and issued an order denying in forma pauperis status, dismissing the complaint, and imposing filing restrictions.