682 F.2d 443 (3rd Cir. 1982), 81-3028, In re Oliver

Docket Nº:81-3028.
Citation:682 F.2d 443
Party Name:In re Lonzy OLIVER. Appeal of Lonzy OLIVER.
Case Date:June 30, 1982
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit

Page 443

682 F.2d 443 (3rd Cir. 1982)

In re Lonzy OLIVER.

Appeal of Lonzy OLIVER.

No. 81-3028.

United States Court of Appeals, Third Circuit

June 30, 1982

Submitted Under Third Circuit Rule 12(6) June 3, 1982.

Page 444

Lonzy Oliver, pro se.

Paul J. Brysh, Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Before ADAMS, VAN DUSEN and WEIS, Circuit Judges.


ADAMS, Circuit Judge.

Lonzy Oliver appeals a sua sponte order of the United States District Court for the Western District of Pennsylvania. The order enjoined the clerk of that court from accepting for filing, absent a specific order from the court, any cases submitted by Oliver in the future, and thereby had the effect as well as the purpose of restricting Oliver's access to the courts. Although we conclude that the district court has the power to issue such orders in appropriate cases, we remand so that the court may provide Oliver with notice and an opportunity to be heard in opposition to the order.

Oliver, a litigious pro se prisoner, has filed fifty-one cases in the United States District Court for the Western District of Pennsylvania since 1969. 1 The majority of Oliver's suits have been civil rights cases and habeas corpus petitions filed against federal and state officials. Oliver has never been granted relief nor has any of his cases yet been deemed to have warranted hearing or trial. 2 At the appellate level, Oliver has been equally prolific and unsuccessful. In addition to the present case, Oliver has appealed twenty-four district court orders to this Court. In nineteen cases he was denied relief; five appeals are pending. 3

Apparently relying on 28 U.S.C. § 1651(a), the All Writs Act, the United States District Court for the Western District of Pennsylvania on October 30, 1981, entered the following order at Miscellaneous No. 8728:

AND NOW, October 29, 1981 it has come to this Court's attention that Lonzy Oliver has filed over fifty civil rights, habeas

Page 445

corpus, and other types of cases since 1969; (see attachment) that he has filed over twenty motions in the last two months; that all of the above were of a frivolous nature; and that this volume of frivolous matter creates a substantial burden to this Court without benefit to Mr. Oliver.

IT IS HEREBY ORDERED that the Clerk of the United States District Court for the Western District of Pennsylvania accept no further case for filing from Mr. Oliver, absent a specific Order from a Judge of this Court.

The record does not indicate that Oliver was given notice or an opportunity to respond before the order was instituted. As appellant filed no documents for adjudication prior to the issuance of the district court's sua sponte order, the order is most aptly construed as an injunction, rather than as a final decision made on the merits of a case. On November 4, 1981, Oliver filed a timely notice of appeal from the order and a motion to proceed in forma pauperis on appeal. 4 This Court has jurisdiction to entertain the appeal pursuant to 28 U.S.C. § 1292.

It is well within the broad scope of the All Writs Act for a district court to issue an order restricting the filing of meritless cases by a litigant whose manifold complaints raise claims identical or similar to those that already have been adjudicated. The interests of repose, finality of judgments, protection of defendants from unwarranted harassment, and concern for maintaining order in the court's dockets have been deemed sufficient by a number of courts to warrant such a prohibition against relitigation of claims. See e.g., Lacks v. Fahmi, 623 F.2d 254 (2d Cir. 1980) (per curiam); Harrelson v. United States, 613 F.2d 114, 115 (5th Cir. 1980) (per curiam); Clinton v. United States, 297 F.2d 899, 901 (9th Cir. 1961), cert. denied, 369 U.S. 856, 82 S.Ct. 944, 8 L.Ed.2d 14 (1962). In appropriate circumstances, courts have gone beyond prohibitions against relitigation and enjoined persons from filing any further claims of any sort without the permission of the court. In Rudnicki v. McCormack, 210 F.Supp. 905 (D.Mass.1962), the court entered such an injunction after it found that, in the absence of a court-ordered proscription, a plaintiff who had "repeatedly filed groundless actions" against various state and federal officers

will continue to institute groundless and purely vexatious litigation both against these defendants and against other...

To continue reading