Crawford v. United States Marshals Service et al

Filing 30

MEMORANDUM AND ORDER overruling 29 Motion for Order ( Titled- Private Settlement Agreement). Signed by District Judge Kathryn H. Vratil on 6/6/2018. Mailed to pro se party Tommie Perris Crawford by regular mail. (ydm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
TOMMIE PERRIS CRAWFORD,

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Plaintiff,
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v.
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UNITED STATES MARSHALS SERVICE,
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et al.,
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Defendants.
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__________________________________________)

CIVIL ACTION
No. 18-2003-KHV

MEMORANDUM AND ORDER
On May 30, 2018, plaintiff filed a Private Settlement Agreement (Doc. #29), wherein he asks
the Clerk of Court to enter an order which would release him from custody. The Court construes
this filing as a motion. For reasons stated in Memorandum And Order (Doc. #17) filed March 14,
2018 at 2, and Memorandum And Order (Doc. #27) filed May 15, 2018 at 3-4, the Court overrules
plaintiff’s motion.1

1

The Court considers a document “frivolous” when “it lacks an arguable basis either
in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989) (frivolous filings include “fanciful
factual allegation[s]” or “inarguable legal conclusion[s]”). The fact that a party attaches exhibits
to a motion does not show that the motion has an arguable basis in law or fact.
Defendant’s basic contention – i.e. that he can satisfy his criminal judgment and shorten his
prison sentence through monetary payments – lacks any basis in law. Further, defendant has “an
extensive record of frivolous filings.” United States v. Crawford, No. 05-294 (JRT/AJB), 2009 WL
1096050, at *1 (D. Minn. Apr. 22, 2009); see also Memorandum In Support Of United States’
Motion To Dismiss (Doc. #5) filed January 5, 2018 at 1-2 n.1 (summarizing plaintiff’s prior filings
in the District of Kansas). The Court finds that plaintiff’s motion is frivolous, see Private Settlement
Agreement (Doc. #29), and retains authority to sanction plaintiff for frivolous filings in the future.
Fed. R. Civ. P. 11(c).

IT IS THEREFORE ORDERED that plaintiff’s Private Settlement Agreement (Doc. #29),
which the Court construes as a motion for release from custody, filed May 30, 2018 is
OVERRULED.
Dated this 6th day of June, 2018 at Kansas City, Kansas.
s/ Kathryn H. Vratil
Kathryn H. Vratil
United States District Judge

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