Hutton v. U.S. Department of Veterans Affairs

Filing 8

ORDER that a pre-filing review system is hereby imposed, and all documents submitted by the Plaintiff in the future, whether in this case or in any other action filed in this District, will be pre-screened by the Court for con tent. Any proposed filings that are not made in good faith or which lack substance or merit will be returned to the Plaintiff without further explanation. FURTHER ORDERED granting Plaintiff's 7 Motion to Seal, and the Plaintiff's 6 response shall be placed under seal until further Order of this Court. Signed by District Judge Martin Reidinger on 3/6/2018. (Pro se litigant served by US Mail.)(khm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:18-cv-00027-MR-DLH

RONALD HUGH HUTTON,

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Plaintiff,
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vs.
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U.S. DEPARTMENT OF VETERANS )
AFFAIRS,
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Defendant.
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________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s response [Doc. 6]
to the Court’s Show Cause Order and the Plaintiff’s request to seal that
response [Doc. 7].
On February 16, 2018, the Court entered an Order dismissing this
action as frivolous and directing the Plaintiff to show cause why a pre-filing
review system should not be imposed. [Doc. 4]. The Plaintiff responded to
the Court’s Order on March 1, 2018, and he moves to file this response under
seal. [Docs. 6, 7].
Upon review of the Plaintiff’s response, the Court finds that the Plaintiff
has failed to articulate a reason why a pre-filing review system should not be

imposed. Indeed, in opposing the imposition of a pre-filing review system,
the Plaintiff re-asserts several of the same frivolous, inappropriate
allegations which led the Court to conclude that such a system was
necessary in the first place. For this reason, and for all of the reasons set
forth in the Court’s prior Order [Doc. 4], the Court will direct that all
documents submitted by the Plaintiff in the future will be pre-screened by the
Court for content. Any proposed filings that are not made in good faith or
which lack substance or merit will be returned to the Plaintiff without further
explanation. Such a review system “will allow Plaintiff to have access to the
Courts for his legitimate concerns, but will prevent him from usurping the
Court’s resources with his baseless submissions.” Vandyke v. Francis, No.
1:12-CV-128-RJC, 2012 WL 2576747, at *3 (W.D.N.C. July 3, 2012).
The Plaintiff has moved to place his response under seal. Upon careful
review, the Court finds that the Plaintiff’s response should be placed under
seal, as the document contains sensitive personal information about the
Plaintiff which should be protected from public disclosure.
IT IS, THEREFORE, ORDERED that a pre-filing review system is
hereby imposed, and all documents submitted by the Plaintiff in the future,
whether in this case or in any other action filed in this District, will be prescreened by the Court for content. Any proposed filings that are not made
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in good faith or which lack substance or merit will be returned to the Plaintiff
without further explanation.
IT IS FURTHER ORDERED that the Plaintiff’s motion to seal [Doc. 7]
is GRANTED, and the Plaintiff’s response [Doc. 6] shall be placed under seal
until further Order of this Court.
IT IS SO ORDERED.

Signed: March 6, 2018

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