Swift v. Adams et al

Filing 5

MEMORANDUM AND ORDER that leave to proceed in forma pauperis 2 is provisionally granted, and the Complaint shall be filed without payment of fees. However, the court cautions Swift that abusing the privilege to proceed in forma pauperis could resul t in appropriate sanctions. Swift is advised that the next step in his case will be for the court to conduct an initial review of his claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHARLES SWIFT,
Plaintiff,
v.
MICHELLE ADAMS, and
EUSTACHIA MOSS,
Defendants.

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8:15CV327

MEMORANDUM
AND ORDER

Plaintiff, a non-prisoner, filed a Motion for Leave to Proceed in Forma
Pauperis. (Filing No. 2.) Upon review of Plaintiff’s Motion, the court finds that
Plaintiff is financially eligible to proceed in forma pauperis.
A word of caution to Swift: Swift has filed six civil actions in this court since
August of 2014; four of them in 2015. The court cautions Swift 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 Swift 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 Swift that abusing the privilege to proceed in forma pauperis could result in
appropriate sanctions. Swift is advised that the next step in his case will be for the
court to conduct an initial review of his claims to determine whether summary
dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this
initial review in its normal course of business.

DATED this 4th day of September, 2015.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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