Calphen et al

Filing 4

ORDER striking documents 2 Amended Complaint and 1 Complaint from the record and Petitioners are ordered not to submit future frivolous filings to the Court. Additionally, the Clerk is respectfully directed to send a certified copy of this Order, along the Documents 1 and 2 in this matter, to the Clerk of Superior Court. Signed by Chief Judge Frank D. Whitney on 5/18/15. (Pro se litigant served by US Mail.)(mga)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:15-mc-00079-FDW-DCK

IN RE LOT 67 OF HERON’S POND,
MECKLENBURG COUNTY,
RICHARD W. CALPHEN and EDNA E.
CALPHEN,
Petitioners.

)
)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER is before the Court sua sponte concerning Petitioners Richard W. Calphen
and Edna E. Calphen’s (“Petitioner’s”) filing of a Federal Common Law Lien and Notice of
Federal Common Law Lien Writ of Attachment on Real and Personal Property and amendment
thereto. (Doc. Nos. 1, 2). For the reasons stated herein, the Court hereby STRIKES these filings
as nonsensical and frivolous and finds that the two documents have no legal force or effect.
Additionally, the Court warns Petitioners that submitting further frivolous filings to the Court
could result in Petitioners being held in contempt of court. Moreover, Petitioners are hereby put
on notice that if they submit further frivolous filings to this Court, the Court will consider imposing
a prefiling injunction on Petitioners and referring them to the United States Department of Justice
and/or United States Attorney’s Office for investigation of fraud.1

The Court notes that Petitioners are free to submit non-frivolous filings to the Court. Federal courts “should not in
any way limit a litigant’s access to the courts absent exigent circumstances, such as a litigant’s continuous abuse of
the judicial process by filing meritless and repetitive actions.” Thomas v. Fulton, 260 Fed. Appx. 594, 586 (4th Cir.
2008) (quoting Cromer v. Kraft Foods N. Am. Inc., 390 F.3d 812, 817 (4th Cir. 2004)). However, “[f]ederal courts
have the authority to issue prefiling injunctions against vexatious litigants.” Id. (citing Cromer, 390 F.3d at 817).
1

1

On May 12, 2015, Petitioners filed the above document, which they then amended on May
13, 2015. (Doc. Nos. 1, 2). Petitioners’ filings provide notice “that a FEDERAL COMMON
LAW LIEN WRIT OF ATTACHMENT ON REAL AND PERSONAL PROPERTY is now in
effect on certain parcel of Real Estate now of record in the name of Edna E. Calphen and Richard
W. Calphen, Lienor … on properly located in Mecklenburg County, North Carolina, and known
as address: 8401 Rockmoor Ridge Road, Charlotte, North Carolina, 28215 … .” Id. The Court
finds that federal law does not recognize such a lien, and as such, this lien is invalid and without
any legal effect. As noted above, Petitioners should not file any similar frivolous filings in the
future, and Petitioners failure to follow this Order, or to use these frivolous filings in State court,
could result in Petitioners being held in contempt of court. Moreover, should Petitioners make
similar frivolous filings to this Court, the Court will consider referring Petitioners to the
Department of Justice and/or United States Attorney’s Office for investigation of fraud.
IT IS THEREFORE ORDERED that Petitioners’ filings (Doc. Nos. 1, 2) are STRICKEN
from the record and Petitioners are ordered not to submit future frivolous filings to the Court.
Additionally, the Clerk of Court is respectfully directed to send a certified copy of this Order,
along with Documents 1 and 2 filed in this matter, to the Clerk of Superior Court, Post Office Box
37971, Charlotte, North Carolina, 28237.
IT IS SO ORDERED.
Signed: May 18, 2015

2