Sir Oscar Guillen Sr v. Haley et al

Filing 7

OPINION AND ORDER: The federal claims are DISMISSED WITHOUT PREJUDICE and the remaining State claims are REMANDED to the Lake Superior Court. Signed by Senior Judge James T Moody on 4/11/2013. (cc: Guillen)(rmn) Modified on 4/12/2013 (rmn).

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
OSCAR GUILLEN, SR.,
Plaintiff,
v.
MS. HALEY, et al.,
Defendants.

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No. 2:13 CV 105

OPINION and ORDER
Oscar Guillen, Sr., a pro se prisoner, filed this case in the Lake Superior Court on
December 19, 2012. It was removed to this court by the defendants on March 20, 2013.
Guillen cannot litigate in this court because he is a restricted filer. On October 29, 2009,
in Guillen v. Hoppe, 2:09-cv-345 (N.D. Ind. filed October 19, 2009), the Clerk was ordered
“to return, unfiled, any papers filed in any case by or on behalf of Oscar Guillen, Sr.
(except for a notice of appeal or unless filed in a criminal or habeas corpus proceeding)
until he has paid in full all outstanding fees and sanctions in all civil actions in any
federal court . . . .” That sanction was imposed because Guillen is an abusive litigator
who had filed nine meritless cases or appeals and then attempted to bamboozle the
court in an attempt to evade his obligation to pre-pay the filing fee as required by 28
U.S.C. § 1915(g). The restriction is still in place because he owes this court thousands of
dollars in unpaid filing fees.
The defendants removed this case from State court because it included federal
claims. It was their right to do so. See 28 U.S.C. § 1441. However, because Guillen is

unable to file anything in this court, it is impossible for him to litigate this case here. The
defendants cannot be made to litigate federal claims in State court if they choose to
remove them. However, the restriction which precluded Guillen from litigating civil
cases in this court did not preclude him from litigating in State court. These two
competing interests can be accommodated by dismissing the federal claims and
remanding the State claims back to State court.
For the foregoing reasons, the federal claims are DISMISSED WITHOUT
PREJUDICE and the remaining State claims are REMANDED to the Lake Superior
Court.
SO ORDERED.

Date: April 11, 2013
s/ James T. Moody
JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT