Lachkovich v. Bush et al

Filing 20

MEMORANDUM OPINION AND ORDER that Plaintiff Thomas E. Lachkovich's Complaint is DISMISSED with prejudice. It is further ORDERED that PlaintiffThomas E. Lachkovich be, and the same hereby is, ENJOrNED from filing any new civil action in the East ern District of Virginia and from filing any new motions, papers, or requests for relief in any civil actions currently pending in the Eastern District of Virginia without first seeking and obtaining leave to file in compliance with this Order. It is further ORDERED that the Clerk shall not accept for filing any civil actions, including motions to proceed informa pauperis, in the Eastern District of Virginia or any new motions, papers, or requests for relief in any civil actions currently pendin g in the Eastern District of Virginia, and if Plaintiff Thomas E. Lachkovich seeks to file any new civil actions, including motions to proceed informa pauperis, in the Eastern District of Virginia or any new motions, papers, or requests for relief in any civil actions currently pending in the Eastern District of Virginia, he shall accompany thecomplaint, motion, paper, or request for reliefhe wishes to file with a "Motion for Leave to File Pursuant to Court Order," which shall then be forwarded to the judge assigned to the case for a determination as to whether leave to file shall be granted. It is further ORDERED that any "Motion for Leave to File Pursuant to Court Order" shall be accompanied by four attachments: (1) a copy ofthis Order; (2) a statement that the claims or relief sought are not frivolous and are made in good faith; (3) a statement setting forth a valid basis for the claims or relief sought; and (4) a statement that the claims or relief sought eithe r have or have not been raised before in other litigation, and if they have previously been raised, the name of the case, the court in which it was filed, the case number, and the disposition of (he claims. It is further ORDERED that any "Motion for Leave to File Pursuant to Court Order"shall be referred to a magistrate judgeof this Court to determine and issue a report and recommendation as to whether the complaint demonstrates a prima facie causeof action for relief under Federal Rul e of Civil Procedure 12(b)(6). The report shall be provided to the District Judge for consideration and issuance ofan order either allowing or denying the filing. It is further ORDERED that failure to comply with this Order may be sufficient grounds for the Court to deny any "Motion for Leave to File Pursuant to Court Order" filed by Plaintiff. If Plaintiff, pro se, wishes to appeal this ruling, he must file, within thirty (30) days of the date of this order, a Notice of Appeal with the Clerk of Court. Signed by District Judge Gerald Bruce Lee on 9/14/11. copy mailed; yes(tfitz, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

United States of America, ex rel.
Thomas E. Lachkovich, et ai,
Plaintiffs,
CASE NO. l:ll-cv-741

George W. Bush, et ai.
Defendants.

MEMORANDUM OPINION AND ORDER

THIS MATTER is before the Court following Plaintiff Thomas E. Lachkovich's Show

Cause hearing pursuant to the Court's July 26,2011 Order requiring Plaintiff to show cause as to
why the Complaint should not be dismissed as frivolous and why Plaintiffshould not be enjoined
from further filings in this Court ("Show Cause Order") (Dkt. No. 5) and on Defendants' Motion
to Dismiss (Dkt. No. 7) and Motion for Injunction (Dkt. No. 12). The Court grants Defendants'

Motions, dismissing Plaintiffs Complaintand enjoining Plaintiff from further filings in this
Court as sel forth below because Plaintiff failed to appear for the Show Cause hearing. Plaintiffs
Complaint is frivolous, and Plaintiff has repeatedly filed frivolous Complaints in this Court.
Federal Rule of Civil Procedure 11(b)(2) ("Rule 11") provides for sanctions against a

party that files frivolous lawsuits lacking cognizable legal contentions. One of the aims of Rule
11 sanctions is to "deter repetition of the conduct or comparable conduct by others similarly
situated." Fed. R. Civ. P. 11(c)(2). A federal judge may take action against a litigant who
unduly imposes on the ability of the Court to carry out its Article ill functions. 28 U.S.C. §
1651(a) (2006). See Pavilonis v. King, 626 F.2d 1075 (1st Cir. 1980); In re Greene, 682 F.2d

443 (3d Cir. 1982); see also Autry v. Woods, No. 96-6112, 1996 WL 276315, at *1 (4th Cir. May
24,1996).

Plaintiffhas filed numerous complaints and frivolous filings in this Court, which have
been dismissed as frivolous and have unnecessarily taxed Defendants' resources. When a

complaint isdismissed, hewill simply file anew complaint under adifferent case number, often
beforea different judge and, many times adding to the list of Defendants the judge that

previously dismissed the suit. In addition, Plaintiff failed to comply with the Show Cause Order
that directed him to appear to show cause why his Complaint should be dismissed and he be
enjoined from future filings. Plaintiffs multiple Rule 11 violations, as just described, force this
Court to enjoin Plaintiff from filing future matters in this Court to the extent that such filings
would be inconsistent with this Order. Accordingly, it is hereby

ORDERED that Plaintiff Thomas E. Lachkovich's Complaint is DISMISSED with
prejudice. It is further
ORDERED that Plaintiff Thomas E. Lachkovich be, and the same hereby is, ENJOrNED

from filing any new civil action in the Eastern District of Virginia and from filing any new

motions, papers, or requests for relief in any civil actions currently pending in the Eastern
District of Virginia without first seeking and obtaining leave to file in compliance with this
Order. It is further

ORDERED that the Clerk shall not accept for filing any civil actions, including motions

to proceed informa pauperis, in the Eastern District of Virginia or any new motions, papers, or
requests for relief in any civil actions currently pending in the Eastern District of Virginia, and if

Plaintiff Thomas E. Lachkovich seeks to file any new civil actions, including motions to proceed

informa pauperis, in the Eastern District of Virginia or any new motions, papers, or requests for

reliefin any civil actions currently pending in the Eastern District of Virginia, he shall

accompany thecomplaint, motion, paper, or request for reliefhe wishes to file with a "Motion
for Leave to File Pursuant to Court Order," which shall then be forwarded to the judge assigned

to the case for a determination as to whether leave to file shall be granted. It is further

ORDERED that any "Motion for Leave to File Pursuant to Court Order" shall be
accompanied by four attachments: (1) a copy of this Order; (2) a statement that the claims or
relief sought are not frivolous and are made in good faith; (3) a statement setting forth a valid
basis for the claims or relief sought; and (4) a statement that the claims or relief sought either

have or have not been raised before in other litigation, and if they have previously been raised,
the name of the case, the court in which it was filed, the case number, and the disposition of (he
claims. It is further

ORDERED that any "Motion for Leave to File Pursuant to Court Order" shall be referred

to a magistrate judge of this Court to determine and issue a report and recommendation as to
whether the complaint demonstrates a prima facie cause of action for relief under Federal Rule of
Civil Procedure 12(b)(6). The report shall be provided to the District Judge for consideration

and issuance of an ordereither allowing or denying the filing. It is further
ORDERED that failure to comply with this Order may be sufficient grounds for the Court

to deny any "Motion for Leave to File Pursuant to Court Order" filed by Plaintiff.

If Plaintiff, pro se, wishes to appeal this ruling, he must file, within thirty (30) days of the
date of this order, a Notice of Appeal with the Clerk of Court.
The Clerk is directed to forward a copy of this Order to counsel of record.

ENTERED this / T day ofSeptember, 2011.
Alexandria, Virginia

9/^2011

M.
Gerald Bruce Lee

United States District Judge