Pilch v. Stephens

Filing 27

ORDER denying 25 Motion for Sanctions and denying 15 Motion for Sanctions. Signed by Senior Judge Malcolm J. Howard on 12/12/2011. (Heath, D.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION DONNA PILCH, Plaintiff, v. No. 5:11-CV-334-H No. 5:11-CV-335-H No. 5:11-CV-352-H DONALD STEPHENS, Defendant. DONNA PILCH, Plaintiff, v. JACQUELINE BREWER, Defendant. DONNA PILCH, Plaintiff, v. LORRIN FREEMAN, Defendant. ORDER This matter filed in each the court on motions above-captioned seek sanctions pursuant Civil Procedure because in of persisted of before the course defendants Rules is a of to they filing In cases. Rule for 11 of allege frivolous sanctions each the Federal plaintiff lawsuits duties. Defendants argue completely frivolous and not at all or by a nonfrivolous argument for that all the has against public officials acting properly and within the scope of professional case, their cases are "warranted by existing law extending, modifying, or reversing existing law" but rather were filed for "an improper purpose, to harass, cause the cost litigation." such needlessly 11(b) as increase In addition to of attorney's unnecessary fees and Fed review from of her filing future complaint actions by a in licensed or Civ. P. R. costs, seek a pre-filing injunction or "gatekeeping" plaintiff delay defendants order to prevent this court attorney without and prior approval of the court. This court agrees with defendants that plaintiff's complaints are all frivolous and wholly without merit or basis in law or fact. However, the court notes that plaintiff proceeded pro se in these matters and although she did file five separate lawsuits, they all arise out of the same transaction or 2 occurrence. The sanctions this that in continued result court, in matter. filing of its discretion, However, frivolous the declines court suits warns such in monetary sanctions and/or the entry of as to award plaintiff these a may gatekeeping order. CONCLUSION For the sanctions are CV-335-H, foregoing DENIED DE #17; No. (No. reasons, defendants' 5:11-CV-334-H, 5:11-CV-352-H, DE #15, DE #16, no other matters pending before the court, lJi: IP~ay of December 2011. Malcolm J. oward Senior United States At Greenville, NC #26 3 25; No. for 5:11­ There being the clerk is directed to close these cases. This #24) motions

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