Stone v. Bowman et al

Filing 7

OPINION AND ORDER: The Court DENIES the in forma pauperis motion ECF 2 , DISMISSES this case as frivolous and malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and ADMONISHES Kiel Stone if he files another meritless case in this court (or in any other court which is transferred or removed to this court) he will be fined not less than $1,000.00 and restricted from filing any further papers in this court until he has paid all of his outstanding fines and filing fees to any federal court. Signed by Judge Robert L Miller, Jr on 5/15/18. (Copy mailed to pro se party). (nal)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
KIEL STONE,
Plaintiff,
v.

CAUSE NO.: 3:18-CV-348-RLM-MGG

ALEX CHRISTOPHER BOWMAN,
ELIZABETH A. HARDTKE, PAUL E.
SINGLETON, SAINT JOSEPH COUNTY
PUBLIC DEFENDERS OFFICE, DAVID T.
READY, and TIM MCLAUGHLIN,
Defendants.

OPINION AND ORDER
As more fully detailed in the order dismissing Stone v. Jesse, 3:18-CV277 (N.D. Ind. filed April 18, 2018), on April 25, 2018, Kiel Stone has
repeatedly filed lawsuits claiming that nearly everyone with whom he interacts
is a government agent trying to monitor and/or poison him. He has filed
another.
Some of the strange events that Mr. Stone is speaking about
are being under 24/7, 365 surveillance thus not limited to only
surveillance by the Indiana State Police, and other Agencies such
as the Central Intelligence Agency. Through Mr. Stone’s vast
experience of 11 plus years of identifying Secret Governmental
Agents Mr. Stone has come to the summation that the St. Joseph
County Magistrates/Judges are involved in Mr. Stone’s Strange
Course of unusual events since 2007. Over the course of 11 plus
years of being followed by law enforcement upon all levels
including the Federal Level Mr. Stone has encountered over
100,000 Secret Governmental Agents; keep that in mind when
reading the actual allegations against the defendants in this case.
ECF 1 at 3. In this complaint, Mr. Stone alleges:

1.) The true reason Why Magistrate Singleton dismissed Mr.
Stone’s Small Claims Court case is because Magistrate Singleton
was actually [a] Secret Governmental Agent . . . working for a
Governmental Agency such as the CIA . . ..
2.) The reason why Magistrate Elizabeth Hardtke denied Mr. Stone
a release from Saint Joseph County Jail custody per CR 26 is
because Magistrate Hardtke was acting . . . as a Secret
Governmental Agent working for a Governmental Agency such as
the CIA . . .. []
3.) The reason why St. Joseph County Public Defender Alex
Bowman violated Mr. Stone’s 8th amendment right to avoid cruel
and unusual punishment at Mr. Stone’s CR 26 hearing on 10-312017 [was] because Lawyer Alex Bowman was acting . . . as a
Secret Governmental Agent working for a Governmental Agency
such as the CIA . . .. []
4.) The Saint Joseph County Public Defender’s Office is liable for
not having policy(s) and procedure(s) in place to prevent Secret
Governmental Agents from being employed with the SJCPDO . . ..
5.) The reason why Magistrate/ Senior Judge David Ready denied
multiple motions by Mr. Stone requesting a trial by jury pursuant
to Article 1 Section 20 of the Indiana State Constitution is that
David Ready was taking direction in some way from a
Governmental Agency such as the CIA . . .. []
6.) The reason why Attorney Tim McLaughlin refused to file
Motions that Mr. Stone suggested, didn’t follow proper procedure
to obtain Mr. Stone an Appellate Attorney for Mr. Stone in two
instances, and the reason why Attorney McLaughlin violated Mr.
Stone’s 8th amendment is because Agent McLaughlin is a Secret
Governmental Agent working for a Governmental Agency in some
Capacity since around 1969 such as the CIA . . .. []
ECF 1 at 10-11.
As explained in Stone v. Jesse, though it is usually necessary to hold a
hearing to determine disputed facts, “[s]ometimes, however, a suit is dismissed
because the facts alleged in the complaint are so nutty (‘delusional’ is the polite
word) that they’re unbelievable, even though there has been no evidentiary

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hearing to determine their truth or falsity.” Gladney v. Pendleton Correctional
Facility, 302 F.3d 773, 774 (7th Cir. 2002) and Lee v. Clinton, 209 F.3d 1025
(7th Cir. 2000). Such is the case here.
In Stone v. Jesse, the court admonished “Kiel Stone if he files another
meritless case in this court, he will be fined not less than $500.00 and
restricted from filing any further papers in this court until he has paid all of his
outstanding fines and filing fees to any federal court.” Id. at ECF 3 at 8.
Perhaps in an attempt to avoid that fate, Mr. Stone filed this case in the United
States District Court for the Southern District of Indiana. The case was
transferred here because “[t]he conduct attributed to the defendants is alleged
to have occurred in or near South Bend, Indiana, which is in St. Joseph
County [which] lies in the South Bend Division of the Northern District of
Indiana.” ECF 4 at 1.
Enough is enough. In the order dismissing Stone v. Meijer, 3:16-CV-812
(N.D. Ind. filed November 30, 2016), the court reminded,
Mr. Stone of “the inherent power of a federal court to sanction a
litigant for bad-faith conduct.” Chambers v. NASCO, Inc., 501 U.S.
32, 35 (1991). “‘Federal courts have both the inherent power and
constitutional obligation to protect their jurisdiction from conduct
which impairs their ability to carry out Article III functions.’” In re
McDonald, 489 U.S. 180, 184 (1989) (quoting In re Martin-Trigona,
737 F.2d 1254, 1261 (2d Cir. 1984)). Although it is a drastic step
to prospectively bar a plaintiff, or to impose a fine for filing
vexatious cases, such actions are within the power of this Court,
and they may prove warranted if Mr. Stone persists in filing the
same frivolous cases repeatedly.
Id. at ECF 4 at 3. Mr. Stone did not heed that warning nor the admonishment
in Stone v. Jesse.

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Mr. Stone could be fined, sanctioned and restricted now. Such a
restriction would not only prevent him from filing new lawsuits, it would also
prevent him from filing in Stone v. Shepherd, 3:18-CV-054-RLM-MGG (N.D.
Ind. filed January 25, 2018), until he paid all of his outstanding fines and filing
fees to any federal court. Because Mr. Stone might not have fully understood
the consequences of continuing to file meritless lawsuits, the court will give
him one more warning.
For these reasons, the court:
(1) DENIES the in forma pauperis motion (ECF 2);
(2) DISMISSES this case as frivolous and malicious pursuant to 28
U.S.C. § 1915(e)(2)(B)(i); and
(3) ADMONISHES Kiel Stone if he files another meritless case in
this court (or in any other court which is transferred or removed to this
court), he will be fined not less than $1,000.00 and restricted from filing
any further papers in this court until he has paid all of his outstanding
fines and filing fees to any federal court.
SO ORDERED on May 15, 2018
s/ Robert L. Miller, Jr.
JUDGE
UNITED STATES DISTRICT COURT

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