Annamalai v. Sivanadiyan

Filing 14

MEMORANDUM OPINION AND ORDER denying as moot 10 MOTION for Appointment of Arbitrator(s), 9 MOTION Request to quash hearing. Order to Proceed Without Prepaying Fees is vacated. (Signed by Judge Sim Lake) Parties notified.(gclair, 4)

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United States District Court Southern District of Texas ENTERED February 15, 2017 IN THE UN ITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXA S HOUSTON D IVISION m David J. Bradley, Clerk AMALAI ANNAMAM I , BOP #56820-379, Plaintiff, CIVIL ACTION NO . H-17-0025 PARVATHI SIVANADIYAN , Defendant . MEMO/ANDUM OPINION AND ORDER Plaintiff Annamalai Annamalai ( BOP #56820-379), also known as Swamiji Selvam Siddhar, is an inmate incarcerated in the United States Bureau of Prisons . Annamalai has filed a nCivil Complaint E and) Demand for Arbitration Pursuant to 9 U . . S . 5 4' S C. ' ( hcomplaint' ( ') Docket Entry No. defaulted on an unspecified alleging that the defendant has contract . On January 3 , 2017 , Annamalai was granted leave to proceed in forma pauperis in this case. See Annamalai v . Sivanadivan, No. H-16-mc-3042 ( D . Tex .) S. ( Docket Entry No. undersigned judge. The case was then assigned to the After considering al1 of the pleadings and Annamalai's litigation history, leave to proceed Xu forma pauperis will be revoked , and this case will explained below . dism issed for reasons 1. Discussion Annamalai, the former leader of a defunct Hindu Temple in Georgia , was sentenced to more than 27 years' imprisonment by the United States District Court for the Northern District of Georgia , following his conviction on multiple counts of bank fraud , tax fraud, bankruptcy fraud, and obstruction of justice. United States v . Annamalai, 2015) 1: l3-cr-437 ( . . Ga. July N D Annamalai now brings this civil action contract , alleging that See the defendant, for breach of who is reportedly Annamalai's wife, has defaulted on invoices totaling in excess of one billion dollars . Annamalai seeks See Complaint, Docket Entry No . arbitration of the dispute and damages of $10,000.00 per week for the remainder of Annamalai's lifetime. See l .d . ' . Because Annamalai has requested leave to proceed in forma Dauperis, the court is required to scrutinize the claims and dismiss the Complaint , in whole or in part, if it determines that the Comp laint uis frivolous, malicious, fails to state a claim upon which relief may be granted' or 'seeks monetary relief from a ' ' defendant who is 5 1915 ( 2)( e)( B). immune from such relief.' ' U .S .C . There are consequences for prisoners whose lawsuits are dismissed under this provision . strikes' rule found ' 28 Under the nthree- 28 U . S.C. 5 1915( g), a prisoner is not allowed to bring a civil action 1n forma pauperis in federal court if, while incarcerated , three or more of his civil actions or appeals were dismissed as frivolous or malicious or for failure to state a claim upon which relief may be granted unless he is in 'imminent danger of serious physical injury.' 28 U. C. 5 l9l5( ' ' S. g); Adepegba v . Hammons, 103 F. 383, 385 ( 3d 5th Cir . 1996) A national case index reflects that Annamalai has filed more than 60 lawsuits in the federal courts . Of these , at least five civil actions filed by Annamalai while incarcerated have been dismissed as frivolous : ( . . . June S D N Y. Annamalai v . Rankumar, No . 16-cv-4491 ' 2016); Annamalai v . Revnolds, No. l:16-cv- 1373 ( D . Ga. July 8, 2016); N. Annamalai v . Paramasivam , et a1 ., No. l:l6-cv-6079 ( . N D. 111. July l3, 2016); ( 4) Annamalai v . United States , No . 16-815 ( . Fed July 22, 2016); and ( Annamalai v. United States, No. 16-816 ( . 5) Fed July 19, 2016). Thus, Annamalai has more than three 'strikes' against him for filing ' ' meritless actions prior to filing the Complaint in this case . Annamalai does not allege facts showing that he is currently under imminent danger of serious physical injury for purposes of l915( g). Because he does not fit within the exception to the three-strikes rule, Annamalai is not eligible to proceed without prepayment of the filing fee . A ccordingly , the order granting him leave to proceed él forma Daureris will be vacated and his pauper status will be revoked . Moreover, a rev iew of Annamalai 's substantial litigation history reflects that he has filed a nearly identical comp laint against the same defendant in the United States District Court for the Southern District of Indiana . No. 1:l6-cv-3415 umalicious' ' See Annamalai v Sivanadivan , ( . . Ind.) S D complaint duplicates allegations made is considered another federal lawsuit by the same plaintiff . See Pittman v . Moore , 980 F .2d 994 , ( 5th 1993) ( per curiam). Because Annamalai has made the same or similar claims in another lawsuit filed by him previously , the court concludes that present Complaint is subject to dismissal as malicious under 28 U . . S C. 1915 ( ( ( e) 2) B) See, e. ., Wilson v . Lynauqh, 878 F.2d 846 (5th Cir . 1989) ( g duplicative claims may be dismissed sua soonte). This will count as another strike against Annamalai for purposes of 5 l9l5( g). As illustrated by the Comp laint and other p leadings submitted in this case, Annamalai has a well-documented h istory of nblatantly abusl ing) the judicial process' by filing civil actions to harass ' the victims of his crim inal enterprise and others associated with his crim inal case . Hindu Temple and Communitv Center of the High Desert, Inc. v . Raghunathan, 714 S . E.2d 628, 629-30 ( Ga. App . 2011) ( describing Annamalai's abusive conduct); see also, e. ., Siddhar g v . Revnolds, No. 1:16-cv-1373, 2016 WL 3746184 ( . . Ga . June N D 2016) ( detailing Annamalai's suit against an IRS agent involved in his prosecution). In addition to his federal lawsuits, Annamalai has filed more than 40 lawsuits in the state courts of Georgia , Ohio , and Texas, where he has been declared a vexatious litigan t by the 151st Civ il Court for Harris County . See Siddhar v. Varadharajan, No. H-13-cv-1933, 2014 WL 28165498, at * 2 ( D. Tex. S. June 2O, 2014) ( describing Annamalai's record of abusive litigation in state and federal court). Because of Annamalai's history of filing frivolous claims connected to his crim inal case , he also has been declared a vexatious litigant by the United States District Court for the Northern District of Georgia, which has imposed restrictions on his ability to file lawsuits connected to his criminal case . See Hindu Temp le and Communitv Center of High Desert, Inc . v . Kepner, No. 1:12-cv-2941 ( . . Ga. March N D 2013) ( ECF No . 111)7 see also United States v . Annamalai, No. 1:l3-cr-437 ( . N D. Ga. July 16, 2015) ( ECF No. 355, p. In light of Annamalai's record of vexatious litigation and abuse of judicial resources, the court concludes that a sanction in the amount of $100. is appropriate. 00 Conclusion and Order Accordingly , the court ORDERS as follows : The Order to Proceed W ithou t Prepay ing Fees or Costs as to plaintiff Annamalai Annamalai in No. H-l6mc-3O42 ( D . Tex .) ( S. Docket Entry No. 2) is VACATED , and Annamalai's pauper status is REVOKED . This action will be dismissed with prejudice. The dismissal will count as a strike for purposes of 28 U . C . 5 l915( S. g). Annamalai shall pay the entire $400.00 filing fee for this case . In addition , Annamalai is SANCTIONED in the amount of $100.00 for his abusive litigation practices . Prison officials having custody of plaintiff Annamalai Annamalai ( BOP #56820-379) shall place a hold on his inmate trust account and shall deduct this amount when funds are availab le and forward them to the Clerk of Court until the sanction and filing fee are paid in fu ll . Annamalai is WARNED that the filing of other vexatious and/or frivolous motions or pleadings in this case will result in the imposition of additional sanctions, including monetary penalties . Annamalai's Motion to Request to Quash the Hearing ( Docket Entry No. 9) and Expedited Application for an Appointment E of) Arbitrator l s) ( Docket Entry No . 1O) are DENIED as moot. The Clerk will provide copies of this Memorandum Op inion and Order to the plaintiff ; to the Warden , FCI Terre Haute, P .O . Box 33 , Terre Haute, IN 47802: and to the Manager of the Three -strikes List for the Southern District of Texas . SIGNED at Houston , Texas , on this 15th day of February , 2017 . Z SIM LAKE UNITED STATES DISTRICT JUDGE - 6-

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