HERBERT v. CHCS et al

Filing 6

ORDER AFFIRMING RECOMMENDED DECISION AND ENJOINING THE FILING OF FURTHER COMPLAINTS BY KRISTINA HERBERT WITHOUT ADVANCED JUDICIAL AUTHORIZATION adopting #5 Report and Recommended Decision By JUDGE LANCE E. WALKER. (clp)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
KRISTINA HERBERT,
Plaintiff
v.
CHCS et al.,
Defendants

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1:25-CV-0025-LEW

ORDER AFFIRMING RECOMMENDED DECISION
AND ENJOINING THE FILING OF FURTHER COMPLAINTS BY
KRISTINA HERBERT WITHOUT ADVANCE JUDICIAL AUTHORIZATION
On January 27, 2025, United States Magistrate Judge John C. Nivison filed with the
court, with copies to the Plaintiff, his Recommended Decision (ECF No. 5) on Plaintiff’s
Complaint (ECF No. 1). In it, he recommends the dismissal of this case pursuant to 28
U.S.C. § 1915 and the imposition of a filing restriction based on prior warnings and
repeated frivolous filings. The time within which to file objections expired on February
10, 2025, and no objection was filed. The Magistrate Judge notified the Plaintiff that failure
to object would waive her right to de novo review and appeal.
I have reviewed and considered the Recommended Decision, together with the
entire record; I have made a de novo determination of all matters adjudicated by the
Recommended Decision; and I concur with the recommendations of the United States
Magistrate Judge for the reasons set forth in the Recommended Decision, and determine
that no further proceeding is necessary.

It is therefore ORDERED that the Recommended Decision of the Magistrate Judge
is hereby AFFIRMED and ADOPTED (ECF No. 5). The case is dismissed pursuant to 28
U.S.C. § 1915(e)(2)(B).
I have previously warned the Plaintiff that filing restrictions may be enforced, see
Herbert v. Meghar, No. 1:21-cv-346-LEW, and again cautioned Plaintiff “that the filing of
a third groundless action in this Court will result in a filing restriction,” see Herbert v.
Uniship Banking, No. 1:23-cv-418-LEW. A Cok order 1 is issued against Kristina Herbert
to bar proceedings on any future cases without advance permission. The Clerk of Court is
directed to refuse to file or docket, without a prior order of this Court, any pleadings or
papers submitted by or on behalf of Kristina Herbert. All new pleadings or papers
submitted by Kristina Herbert that would ordinarily result in the opening of a case on the
docket will henceforth be referred to a judge of this Court, and unless the judge first
determines that the pleadings or papers state a plausible cause of action they will not be
docketed and will be returned to Ms. Herbert. This Cok order does not apply to filings
made in any matters currently docketed and pending in this Court. If Kristina Herbert
wishes to appeal this order, she shall file a paper notice of appeal with the Clerk’s Office
within the time allowed by the Federal Rules of Appellate Procedure.
SO ORDERED.
Dated this 12th day of March, 2025.
/s/ Lance E. Walker
Chief U.S. District Judge
1

See Cok v. Family Court of Rhode Island, 985 F.2d 32, 35 (1st Cir.1993).
2