Hilgeford v. PEOPLES BANK, INC., PORTLAND, IND.

• Decision Date: 12 December 1986
• Docket Number: Civ. No. F 86-356.
• Citation: 652 F. Supp. 230
• Parties: Arnold W. HILGEFORD, et al., Plaintiffs, v. PEOPLES BANK, INC., PORTLAND, INDIANA, et al., Defendants.
• Court: U.S. District Court — Northern District of Indiana

652 F. Supp. 230

Arnold W. HILGEFORD, et al., Plaintiffs, v. PEOPLES BANK, INC., PORTLAND, INDIANA, et al., Defendants.

Civ. No. F 86-356.

United States District Court, N.D. Indiana, Fort Wayne Division.

December 12, 1986.

Arnold W. Hilgeford, pro se.

Max C. Ludy, Jr., Portland, Ind., for defendant Dale E. Hunt.

ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on defendant Dale Hunt's motion to dismiss this petition for a writ of habeas corpus. The petition was filed under 28 U.S.C. § 2254. In an order dated October 27, 1986, plaintiffs were notified of the motion to dismiss and were given twenty days to respond. Plaintiffs have not given a meaningful response. Plaintiffs' response consisted of simply stamping "VOID" on the court's order and sending it back to the court. For the reasons set forth below, plaintiffs' petition is dismissed.

FACTUAL BACKGROUND AND PROCEDURAL POSTURE

This is the fourth case filed by the Hilgefords in this court. The first case, Hilgeford v. The Peoples Bank, Portland, Indiana, No. F 85-142, was dismissed for lack of jurisdiction in an order dated April 11, 1985. The second case, Hilgeford v. The Peoples Bank, Portland, Indiana, 607 F.Supp. 536 (N.D.Ind.), aff'd, 776 F.2d 176 (7th Cir.1985) (hereinafter "F 85-154"), was dismissed sua sponte. In addition to dismissing the complaint, this court imposed a Two Hundred Fifty Dollar ($250.00) fine, payable to the court, as a sanction under Rule 11 of the Federal Rules of Civil Procedure, for filing a frivolous suit. The sanction was justified, in large part, because F 85-154 was nearly identical to F 85-142, which the court had previously dismissed. The Seventh Circuit affirmed the Rule 11 sanction in F 85-154 and imposed a Five Hundred Dollar ($500.00) award of damages to the Peoples Bank, for the filing of the frivolous appeal.

The third lawsuit, Hilgeford v. Peoples Bank, Portland, Indiana, 110 F.R.D. 700 (N.D.Ind.1986) (hereinafter "F 86-260"), was stayed by this court because the Hilgefords had not paid the sanctions and damages imposed in F 85-154. Plaintiffs were given 90 days to pay the fine, award, and costs in F 85-154 and were informed that F 86-260 would be dismissed for want of prosecution if the fine, award, and costs were not paid. As a result of the plaintiffs' failure to comply with the court's order, F 86-260 was dismissed and a further sanction of One Thousand Dollars ($1,000.00) was imposed for the filing of F 86-260, another frivolous lawsuit. See Hilgeford v. Peoples Bank, Portland, Indiana, 713 F.R.D. 161 (N.D.Ind.1986).

The present lawsuit, F 86-356, is the fourth lawsuit which the Hilgefords have filed in this court. In this lawsuit, the Hilgefords seek habeas corpus relief. On September 9, 1986, a probable cause hearing was held in the Jay Circuit Court and that court found reasonable grounds to believe that Arnold Hilgeford had committed criminal trespass by entering some real property, after being denied entry, as a result of foreclosure on the property by Peoples Bank. Hilgeford was taken into custody on September 26, 1986, and entered a plea of not guilty before the Jay Circuit Court on September 26, 1986. Hilgeford was released from custody on October 13, 1986, and a jury trial was scheduled for October 24, 1986. On October 24, 1986, Hilgeford was found guilty of criminal trespass by a six-person jury. Hilgeford was sentenced to a one year term of imprisonment, but all time was suspended except for the time served on October 24, 1986. Thus, as of October 25, 1986, Hilgeford was no longer in custody.

MOTION TO DISMISS FOR MOOTNESS

Petitioner is proceeding pro se. Pro se pleadings are to be liberally construed. Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). The district court's role is to ensure that the claims of pro se litigants are given "fair and meaningful consideration." Matzker v. Herr, 748 F.2d 1142, 1146 (7th Cir.1984); Caruth v. Pinkney, 683 F.2d 1044, 1050 (7th Cir.1982). This court also recognizes that federal courts have historically exercised great tolerance to ensure that an impartial forum remains available to plaintiffs invoking the jurisdiction of the court without the guidance of trained counsel. Pro se motions and complaints such as the petitioner's are held to less stringent pleading requirements; rigor in the examination of such motions, complaints and pleadings is inappropriate.

The sole purpose of 28 U.S.C. § 2254 is to challenge continued confinement pursuant to state convictions. Preiser v. Rodriguez, 411 U.S. 475, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973). A person must be in custody to invoke habeas corpus relief. 28 U.S.C. § 2254. Absent a custodial sentence, or other recognized restraints, one is not in custody and cannot invoke habeas relief. A suspended sentence, in and of itself, is not sufficient to meet § 2254's custody requirement. Furey v. Hyland, 395 F.Supp. 1356, 1360 (D.C.N.J.1975), aff'd, 532 F.2d 746 (1976). Since petitioner's sentence was suspended on October 24, 1986, and since petitioner is not in custody within the meaning of § 2254, this petition is moot and the court is without jurisdiction in this matter. The petition for a writ of habeas corpus is therefore dismissed.

INJUNCTIVE RELIEF

Injunctive relief is necessary to prevent any further abuse to this court and any further prejudice to the defendants, who have been subjected to Hilgeford's vexatious and harassing claims. It is well established that groundless, vexatious, or repetitive lawsuits should not be tolerated by federal courts. Matter of Hartford Textile Corp., 681 F.2d 895 (2d Cir.1982), cert. denied, 459 U.S. 1206, 103 S.Ct. 1195, 75 L.Ed.2d 439; Herrelson v. United States, 613 F.2d 114 (5th Cir.1980). Federal courts have both the inherent power and the constitutional obligation to protect their jurisdiction from conduct which impairs their ability to carry out Article III functions. 28 U.S.C.A. § 1651(a); In re Martin-Trigona, 737 F.2d 1254 (2d Cir.1984). This court has equitable power to protect defendants from harassment, and to protect itself from the burden of processing frivolous and unimportant papers. Pavilonis v. King, 626 F.2d 1075 (1st Cir.1980). While such measures should be applied with caution against a pro se litigant, Hill v. Estelle, 423 F.Supp. 690, 695 (S.D.Tex. 1976), an injunction may be issued to protect a federal court's jurisdiction, or to prevent the filing of groundless, vexatious, repetitive, or harassing claims. Pavilonis, 626 F.2d at 1078-79.

Hilgeford's first three lawsuits in this court were frivolous. In the present suit for habeas relief, Hilgeford has employed harassing tactics. The court will not take valuable time in this order to detail the meritless nature of Hilgeford's previous actions; that has already been done in Hilgeford v. Peoples Bank, Portland, Indiana, 110 F.R.D. 700 (N.D.Ind.1986); Hilgeford v. Peoples Bank, Portland, Indiana, 607 F.Supp. 536 (N.D.Ind.1985), and Hilgeford v. Peoples Bank, Portland, Indiana, F 86-260 (N.D.Ind. December 11, 1986). Rather, the court will briefly summarize the harassing tactics used by Hilgeford in the case at bar.

Hilgeford's original petition in this case is a bizarre, self-serving document, within which he purports at times to be acting as the judge of this court. The petition states in part:

The following understanding of the COURT is founded in BLACK's Law Dictionary, fifth edition, page 318, which the Court takes Judicial Notice of herein: "THE PERSON AND SUIT OF THE SOVEREIGN WITH HIS REGAL RETINUE WHEREVER THE SOVEREIGN MAY BE". The United States Court of Record is the Court of ARNOLD W. and MARTHA A. HILGEFORD, SOVEREIGNS. ... It is ordered by the Court that upon failure of the Defendants to produce an injured party, ARNOLD W. HILGEFORD is to be IMMEDIATELY RELEASED from unlawful arrest and incarceration. Otherwise, each and every Defendant is to be held in contempt of Court.

The petition/order is signed by Hilgeford and refers to a number of exhibits, some of which Hilgeford conveniently manufactured himself. Hilgeford's filing of the petition was only the beginning.

On October 10, 1986, Hilgeford issued an "ORDER TO SHOW CAUSE" to Kathryn Householder and Lana Melton, deputy clerks of this court, for "failure to perform fiduciary obligations." An "ORDER OF MASTER" was also issued on October 10, 1986, wherein Hilgeford purported to make Russell Evans his "MASTER by Appointment." Acting as "MASTER," Russell Evans "ordered" arrest warrants for all the defendants, and for Householder and Melton. On October 16, 1986, Attorney Max C. Ludy was forced to enter an appearance for defendant Dale Hunt. Hilgeford did not like the fact that Hunt had obtained counsel and simply stamped Ludy's appearance document VOID.

By November 11, 1986, Hilgeford's conduct had become even more bizarre. In a filing entitled "JUDICIAL NOTICE," Hilgeford took it upon himself to attempt to alter the jurisdiction of the court.

JUDICIAL NOTICE

The Court will take Judicial Notice that the enigma and veritable Mafia Boss, William C. Lee, is in the process of trespassing lawlessly on this At-Law Court (See Attached Voided Copy of Trespass). Interloper, William C. Lee's orders are defective and are not admissible into this Court of Record and are herein attached as Null & Void. Charlatan, William C. Lee has no authority to enter this Court of Law to exercise autonomous, impeachable acts. Any and all jurisdictional powers to certify orders of this Court are sustained with the Superior appointed Magistrate/Master, Russell F.D. Evans.

By this time, Hilgeford, by his own "authority," had named Householder and Melton as defendants in this action. This brief overview of Hilgeford's absurd filings and contumacious conduct does not begin to give a comprehensive view of the large number of nonsensical filings made in this case, not to mention the previous three cases.

The filings Hilgeford...