USA v. Richey et al

Filing 29

ORDER finding as moot 7 defendant Richey's motion to dismiss case. ORDER granting 26 plaintiff's motion for summary judgment. ORDER that defendant Richey is enjoined from filing future Uniform Commercial Code financing statements or a lleged liens against federal employees or officials without leave of court. ORDER that the complaint against the Missouri Secretary of State is DISMISSED as moot. Signed on 03/26/10 by District Judge Howard F. Sachs. (Duer, Tina) Modified on 3/26/2010 to acknowledge the order was mailed to the plaintiff, as addressed on the Court's docket sheet(Beard, Melanie).

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. KENNETH L. RICHEY, et al., Defendants. ) ) ) ) ) ) ) ) )

Case No. 09-0349-CV-W-HFS

ORDER Defendant Richey, a federal prisoner, has pending a motion to dismiss this case (Doc. 7). It was brought by the United States to invalidate certain alleged liens against federal employees and to enjoin Richey from further filings. Richey has caused the filings to be expunged by the Missouri Secretary of State and has disclaimed any intention to pursue such liens. Docs. 18, 25. Accordingly, the motion to dismiss will be denied as moot. The Government seeks summary judgment enjoining Richey from making such further filings. Although his disclaimer arguably is sufficient, the possibility of resumption of the misconduct in question cannot be entirely disregarded. Accordingly, it is hereby ORDERED that defendant's Richey's motion to dismiss (Doc. 7) is DENIED as moot. It is further ORDERED that plaintiff's motion for summary judgment (Doc. 26) is GRANTED. It is further ORDERED that defendant Richey is enjoined from filing future Uniform Commercial Code

financing statements or alleged liens against federal employees or officials without leave of court. It is further ORDERED that the complaint against the Missouri Secretary of State is DISMISSED as moot. /s/ Howard F. Sachs HOWARD F. SACHS UNITED STATES DISTRICT JUDGE March 26 , 2010 Kansas City, Missouri