Kurtz v. Anson

Filing 5

ORDER - IT IS ORDERED that leave to proceed in forma pauperis is provisionally granted, and the Complaint shall be filed without payment of fees. However, the court cautions Kurtz that abusing the privilege to proceed in forma pauperis could result in appropriate sanctions.Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MLF, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSEPH A. KURTZ,
Plaintiff,
v.
JOEY ANSON,
Defendant.

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8:15CV269

MEMORANDUM
AND ORDER

Plaintiff Joseph Kurtz, a non-prisoner, filed a Motion for Leave to Proceed in
Forma Pauperis. (Filing No. 2.) Upon review of Kurtz’s motion, the court finds he
is financially eligible to proceed in forma pauperis.
A word of caution to Kurtz: Kurtz has filed nine civil actions in this court since
April of 2014; five of them since May of 2015. (See Kurtz v. Whiskey Tango,
8:15-cv-00179-LSC-PRSE; Kurtz v. Omaha Police Department,
8:15-cv-00202-LSC-PRSE; Kurtz. v. Anson, et al., 8:15-cv-00229-JMG-PRSE; Kurtz
v. Zumwalt, 8:15-cv-00251-JMG-PRSE; and Kurtz v. Anson,
8:15-cv-00269-JMG-PRSE.) The right of access to the courts is not absolute or
unconditional. The court cautions Kurtz of the rule that his right of access to the
courts is not absolute and that he will not be allowed to abuse the legal system. See
In re Winslow, 17 F.3d 314, 315 (10th Cir. 1994). Indeed, this court has the authority
to enjoin a litigant who abuses the court system through vexatious and harassing
litigation. See, e.g., Tripati v. Beaman, 878 F.2d 351, 352 (10th Cir. 1989). If the
court determines at some later time that Kurtz has abused the legal system, the court
may impose sanctions and filing restrictions.

IT IS ORDERED that leave to proceed in forma pauperis is provisionally
granted, and the Complaint shall be filed without payment of fees. However, the court
cautions Kurtz that abusing the privilege to proceed in forma pauperis could result in
appropriate sanctions.
DATED this 23rd day of July, 2015.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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