Kinney et al v. Anderson Lumber Company, Inc. et al

Filing 31

ORDER: this pro se civil action is DISMISSED WITH PREJUDICE based on plaintiffs' failure to state a claim upon which relief can be granted and the Court's declining to exercise supplemental jurisdiction over plaintiffs� 39; remaining state law claims. Furthermore, plaintiffs are hereby PRECLUDED, RESTRAINED, and ENJOINED from filing any new civil actions in the United States District Court for the Eastern District of Tennessee without first obtaining written certif ication from this Court that the complaint has some legal and factual merit as set forth more fully herein. The Clerk is DIRECTED to close this case and is further PRECLUDED, RESTRAINED, AND ENJOINED from accepting any complaint filed by plaintiffs unless it includes this Court's certification as set forth herein. Signed by Chief District Judge Thomas A Varlan on January 18, 2019. (mailed to William and Margaret Kinney, 2442 Allegheny Loop Rd, Maryville, TN 37803) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
WILLIAM KINNEY and
MARGARET KINNEY,

)
)
)
Plaintiffs,
)
)
v.
)
)
ANDERSON LUMBER COMPANY, INC. )
KIZER & BLACK ATTORNEYS, PLLC, )
McDONALD, LEVY, & TAYLOR, P.C., )
)
Defendants.
)

No.:

3:18-CV-227-TAV-HBG

ORDER
In accordance with the accompanying Memorandum Opinion, this pro se civil
action is DISMISSED WITH PREJUDICE based on plaintiffs’ failure to state a claim
upon which relief can be granted and the Court’s declining to exercise supplemental
jurisdiction over plaintiffs’ remaining state law claims. Furthermore, plaintiffs are hereby
PRECLUDED, RESTRAINED, and ENJOINED from filing any new civil actions in the
United States District Court for the Eastern District of Tennessee without first obtaining
written certification from this Court that the complaint has some legal and factual
merit. To obtain this certification, plaintiffs must comply with the following requirements:
1.
Plaintiffs must file a “Motion Pursuant to Court Order Seeking Leave
to File” with any proposed complaint.
2.
As an exhibit to that motion, plaintiffs must attach a declaration or
sworn affidavit certifying that: (a) the claim is a new issue which has previously
never been raised by them in any court and is unrelated to the conspiracies they have

alleged in prior filings; (b) the claim is not frivolous; and (c) the claim is not made
maliciously or in bad faith.
3.
By means of a second exhibit, plaintiffs must identify and list: (a) the
full caption of each and every suit that has been previously filed by them in any
court against each and every defendant in the suit that they wish to file, and (b) the
full caption of each and every pending suit that has been previously filed by them
or on their behalf.
Failure to comply with or satisfy the terms of this Order is grounds for this Court to
deny any motion for leave to file made by plaintiffs.
The Clerk is DIRECTED to close this case and is further PRECLUDED,
RESTRAINED, AND ENJOINED from accepting any complaint filed by plaintiffs
unless it includes this Court’s certification as set forth above.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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