Commercial Litigation and Arbitration

“Marginally Coherent” Pro Se Filings Not Sanctioned

From Marvel v. Cooley, 2009 U.S. Dist. LEXIS 6584 (S.D. Ind. Jan. 28, 2009):

In an attachment to her complaint, Marvel lists six prior related complaints that she has filed. In addition to the six prior complaints that Marvel lists, the Court notes Marvel has filed two additional related actions in the Northern District of Indiana. For various reasons, Marvel has not succeeded in her pursuit of these cases. Several of the cases have been dismissed without prejudice pursuant to Marvel's voluntary requests for dismissal. In the exhibit to her complaint, Marvel admits that, in one such case, she was ordered to pay attorney fees and costs as a condition precedent to filing a new lawsuit. She has not provided any documentation to this Court that she has paid such costs and fees. Indeed, the Cooley Defendants indicate that she has not done so, and they request dismissal of the instant complaint on those grounds as well. In response to the allegations that she has failed to pay the aforementioned costs and fee, Marvel has "no rebuttal to stated facts" except that "she was mentally ill and monetarily incapable of proceeding or she would have rebutted the Western Dist Courts Order because it barred MAM an indigent unconstitutionally from the court by requiring MAM to pay Defendants attorney cost and fees for any subsequent suits." ... In addition, the two cases Marvel has filed in the Northern District of Indiana have been dismissed pursuant to 28 U.S.C. 1915(e)(2)(B) as frivolous and/or for failing to state a valid claim.


... Marvel's current complaint is only marginally coherent, and the emergency injunctions she has filed in this cause demanding such things as lap-band surgery, "joinder" to a previously dismissed lawsuit, a tape recorder, ROTC classes, and a strange request to "fix my heart" are less than coherent. Marvel has not presented factual contentions with any evidentiary support or any likelihood of evidentiary support. See FED.R.CIV.P. Rule 11(b)(3).

However, that said, this Court has construed her claims as generously as possible and has addressed all of her potential arguments in the hope that this Order will stop Marvel's seemingly endless parade of lawsuits based on the same alleged injuries. Marvel is cautioned that repeatedly filing future warrantless lawsuits related to these circumstances will not be tolerated by the federal courts and may be punished appropriately, including the possibility of restricting Marvel's access to the courts.

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