Summary
The United States District Court for the Eastern District of Tennessee adopts a magistrate judge's report and recommendation and dismisses Rachel L. Kuntz's complaint with prejudice. The court declares Kuntz a vexatious litigant and permanently enjoins her from filing new petitions, complaints, or filings in closed cases without obtaining prior court permission. The order also directs the Clerk's Office to identify Kuntz as a restricted filer and establishes procedures for seeking leave to file.
Holdings
- The court adopted the magistrate judge's recommendation and dismissed the complaint with prejudice because the claims were fantastical or delusional and failed to state claims for which relief could be granted.
- A district court may impose a comprehensive filing injunction requiring a prolific litigant with a demonstrated pattern of repetitive, frivolous, or vexatious filings to obtain leave before filing new petitions, complaints, or documents in closed cases.
- Kuntz is permanently enjoined from filing new petitions or complaints in the district court or making new filings in closed cases without first obtaining the court's permission.
Questions Presented
- Whether the magistrate judge's recommendation to remove Plaintiff R.D.B. as a party under Federal Rule of Civil Procedure 17(c) should be adopted.
- Whether the complaint should be dismissed with prejudice because its allegations were fantastical or delusional and failed to state a claim for relief.
- Whether Kuntz's documented pattern of repetitive, frivolous, and duplicative filings justified a permanent filing injunction and restricted-filer designation.
- What procedures Kuntz must follow to obtain permission to file future documents in the district court.
Disposition
other
Cases Cited (15)
- Shepherd v. Wellman, 313 F.3d 963, 970-71 (6th Cir. 2002)(followed)
- Thomas v. Arn, 474 U.S. 140, 153-54 (1985)(followed)
- Chambers v. NASCO, Inc., 501 U.S. 32, 43-50 (1991)(followed)
- Jones v. Kolb, 91 Fed. Appx. 367, 369 (6th Cir. 2003)(followed)
- Filipas v. Lemons, 835 F.2d 1145, 1145 (6th Cir. 1987)(followed)
- Feathers v. Chevron U.S.A., Inc., 141 F.3d 264, 269 (6th Cir. 1998)(followed)
- Raimondo v. United States, No. 21-10854, 2022 WL 3581144 (E.D. Mich. Aug. 19, 2022)(followed)
- United States v. Petlechov, 72 F.4th 699, 710-11 (6th Cir. 2023)(followed)
- Porter v. D + C Recovable arm. Tr., No. CV 23-40170-MRG, 2024 WL 967575, at *2 (D. Mass. Mar. 6, 2024)(followed)
- Daker v. Ward, 999 F.3d 1300, 1308 (11th Cir. 2021)(followed)
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Court Document
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