Ceasar v. Equiafax Credit Reporting et al
MEMORANDUM ORDER re 5 MOTION for Leave to Proceed in forma pauperis filed by Ronnie Ceasar. Plaintiff has through 9/29/2017 to offer proof of payment of the outstanding costs and fees, or to file and "Application Pursuant to Court Order S eeking Leave to File" and show good cause as to why he should be permitted to proceed in forma pauperis. Failure to do so will result in dismissal of this complaint. Signed by Magistrate Judge Joseph H L Perez-Montes on 9/25/2017. (crt,Bunting, M)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
CIVIL ACTION 1:17-CV-01167
CHIEF JUDGE DRELL
REPORTING, et al.
MAGISTRATE JUDGE PEREZ-MONTES
Plaintiff Ronnie Ceasar (“Ceasar”) filed a complaint in this case without
payment of the filing fee. Ceasar has been barred from filing any further complaints
in the United States District Court for the Western District of Louisiana until all
outstanding costs and fees ($14,498.62) owed from a previous case have been paid
(Ceasar v. Walker, 2:89-00533 (W.D. La.)). See Ceasar v. Jindal, 6:12-cv-2198, Doc.
9 (W.D. La.). Ceasar also has not offered good cause for proceeding in forma pauperis.
No one, rich or poor, is entitled to abuse the judicial process. Hardwick v.
Brinson, 523 F.2d 798, 800 (5th Cir. 1975). Flagrant abuse of the judicial process can
enable one person to preempt the use of judicial time that properly could be used to
consider the meritorious claims of other litigants. See Green v. Carlson, 649 F.2d
285, 287 (5th Cir. 1981) (citing Green v. Camper, 477 F. Supp. 758, 770-71 (W.D. Mo.
1979)). Federal courts have both the inherent power and the constitutional obligation
to protect their jurisdiction from conduct that impairs their ability to carry out Article
III functions. Stone v. South Central Regional Jail, 104 Fed. Appx. 305, 307 (4th Cir.
2004) (citing In re Martin-Trigona, 737 F.2d 1254, 1261 (2d Cir. 1984)).
However, it is axiomatic that no petitioner or person shall ever be denied his
right to the processes of the court. In re Green, 598 F.2d 1126, 1127 (8th Cir. 1979);
see also Stone, 104 Fed. Appx. 305 at *1; Lysiak v. C.I.R., 816 F.2d 311, 313 (7th Cir.
1987); Greyhound Corp. v. Evans, 1993 WL 62414, *6 (E.D. La. 1993). A sanction for
frivolous filings must balance the litigant’s right to access to the court against the
desire to avoid wasting the court’s and the lawyers’ time and resources. Lysiak, 816
F.2d at 313; Greyhound Corp., 1993 WL 62414, *6; see also Stone, 104 Fed. Appx. 305
Plaintiff has through September 29, 2017 to offer proof of payment of the
outstanding costs and fees, or to file an “Application Pursuant to Court Order Seeking
Leave to File” and show good cause as to why he should be permitted to proceed in
forma pauperis. Failure to do so will result in dismissal of this complaint.
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this _____
day of September, 2017.
Joseph H.L. Perez-Montes
United States Magistrate Judge
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