Summary
The court grants Jeffrey Keener’s application to proceed in forma pauperis but dismisses his civil rights complaint for failure to satisfy Federal Rule of Civil Procedure 8 and for asserting implausible and insufficient factual allegations. The court finds that Keener has repeatedly filed frivolous or vexatious actions and permanently enjoins him from filing new cases without first obtaining leave of court. The order sets out filing and certification requirements for any future motion seeking leave to file.
Holdings
- The complaint failed to satisfy Rule 8(a)(2) because it did not provide the defendants fair notice of any viable legal claim or the factual grounds supporting such a claim.
- The court dismissed the in forma pauperis complaint because it failed to state a claim and contained allegations that were, at times, wholly incredible and irrational.
- The court permanently enjoined Jeffrey Keener, also known as Jeffrey A. Keener, from filing new lawsuits without first requesting and obtaining leave of court under specified filing, certification, disclosure, and documentation requirements.
Questions Presented
- Whether the complaint stated a viable federal civil rights claim and satisfied the pleading requirements of Federal Rule of Civil Procedure 8(a)(2).
- Whether the complaint was subject to dismissal under 28 U.S.C. § 1915(e) because it failed to state a claim or lacked an arguable basis in law or fact.
- Whether the court could permanently enjoin plaintiff from filing new lawsuits without first obtaining leave of court based on his pattern of frivolous and vexatious filings.
Disposition
dismissed
Cases Cited (19)
- Boag v. MacDougall, 454 U.S. 364, 365, 102 S. Ct. 700, 70 L. Ed. 2d 551 (1982) (per curiam)(followed)
- Haines v. Kerner, 404 U.S. 519, 520, 92 S. Ct. 594, 30 L. Ed. 2d 652 (1972)(followed)
- Neitzke v. Williams, 490 U.S. 319, 327-28, 109 S. Ct. 1827, 104 L. Ed. 2d 338 (1989)(followed)
- Lawler v. Marshall, 898 F.2d 1196 (6th Cir. 1990)(followed)
- Sistrunk v. City of Strongsville, 99 F.3d 194, 197 (6th Cir. 1996)(followed)
- Denton v. Hernandez, 504 U.S. 25, 32-33, 112 S. Ct. 1728, 118 L. Ed. 2d 340 (1992)(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 564, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 677-78, 129 S. Ct. 1937, 173 L. Ed. 2d 868 (2009)(followed)
- Papasan v. Allain, 478 U.S. 265, 286, 106 S. Ct. 2932, 92 L. Ed. 2d 209 (1986)(followed)
- Bibbo v. Dean Witter Reynolds, Inc., 151 F.3d 559, 561 (6th Cir. 1998)(followed)
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Cited In (0)
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Court Document
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