Tripati v. Beaman
Decision Date | 07 July 1989 |
Docket Number | No. 88-1774,88-1774 |
Citation | 878 F.2d 351 |
Parties | Anant Kumar TRIPATI, Plaintiff-Appellant, v. William C. BEAMAN, Defendant-Appellee. |
Court | U.S. Court of Appeals — Tenth Circuit |
Anant Kumar Tripati, pro se.
William C. Beaman, pro se.
Before McKAY and ANDERSON, Circuit Judges, and BROWN, District Judge. *
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.
Plaintiff Anant Kumar Tripati seeks review of an order of the United States District Court for the District of Wyoming dismissing his action against the clerk of that court, brought pursuant to 42 U.S.C. Sec. 1983. In his complaint, plaintiff alleged the clerk was not properly processing plaintiff's papers and specifically that a notice of appeal had been lost or misplaced. In addition to dismissing the action, the court directed that the clerk would file no further complaints or other pleadings without leave of the court and that if leave were not granted in ten days, the clerk was to return plaintiff's papers to him.
The "misplaced" notice of appeal was the subject of this court's decision in United States v. Tripati, No. 87-2474 (10th Cir. filed Oct. 20, 1988). We therefore consider only whether the restrictions placed on plaintiff's future filings are proper.
A district court has power under 28 U.S.C. Sec. 1651(a) to enjoin litigants who abuse the court system by harassing their opponents. Harrelson v. United States, 613 F.2d 114, 116 (5th Cir.1980) ( ); In re Oliver, 682 F.2d 443, 445 (3d Cir.1982) ( ); Castro v. United States, 775 F.2d 399, 408 (1st Cir.1985) ( ); In re Hartford Textile Corp., 681 F.2d 895, 897 (2d Cir.1982) (, )cert. denied, 459 U.S. 1206, 103 S.Ct. 1195, 75 L.Ed.2d 439 (1983); Chandler v. O'Bryan, 445 F.2d 1045, 1056 (10th Cir.1971) (, )cert. denied, 405 U.S. 964, 92 S.Ct. 1176, 31 L.Ed.2d 241 (1972). Appellate courts enjoy the same power. Johnson v. Cowley, 872 F.2d 342 (10th Cir.1989) ( ); Green v. Warden, 699 F.2d 364, 367 (7th Cir.) (appellate court has power under Sec. 1651(a) to issue writs and orders in aid of jurisdiction), cert. denied, 461 U.S. 960, 103 S.Ct. 2436, 77 L.Ed.2d 1321 (1983); Green v. Carlson, 649 F.2d 285, 287 (5th Cir.) (conditioning filing of original proceedings as well as pleadings in district courts), cert. denied, 454 U.S. 1087, 102 S.Ct. 646, 70 L.Ed.2d 623 (1981); see also In re McDonald, --- U.S. ----, 109 S.Ct. 993, 994, 103 L.Ed.2d 158 (1989).
This court's opinion in Cotner v. Hopkins, 795 F.2d 900, 902-903 (10th Cir.1986) is instructive:
There is strong precedent establishing the inherent power of federal courts to regulate the activities of abusive litigants by imposing carefully tailored restrictions under the appropriate circumstances. See, e.g., In re Martin-Trigona, 737 F.2d 1254 (2d Cir.1984); In re Oliver, 682 F.2d 443 (3d Cir.1982); In re Green, 669 F.2d 779 (D.C.Cir.1981); Pavilonis v. King, 626 F.2d 1075 (1st Cir.), cert. denied, 449 U.S. 829, 101 S.Ct. 96, 66 L.Ed.2d 34 (1980); Gordon v. United States Dept. of Justice, 558 F.2d 618 (1st Cir.1977). "[E]ven onerous conditions" may be imposed upon a litigant as long as they are designed to assist the district court in curbing the particular abusive behavior involved. Carter v. United States, 733 F.2d 735, 737 (10th Cir.1984), cert. denied, 469 U.S. 1161, 105 S.Ct. 915, 83 L.Ed.2d 928 (1985) (quoting In re Green, 669 F.2d 779, 786 (D.C.Cir.1981)). The conditions cannot be so burdensome, however, as to deny a litigant meaningful access to the courts. See Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977).
Here, the district court required that plaintiff meet the following preconditions before filing future actions: (1) he must carry a stronger burden of proof that he is economically unable to pay filing fees; (2) he must demonstrate to the court that his action is commenced in good faith and not malicious or "without arguable merit"; (3) his pleadings must be certified as provided by Fed.R.Civ.P. 11; (4) he must include in every complaint filed a list of every previous action filed; and (5) he must send all pleadings to the defendants and provide the court with proof of service. These preconditions are clearly the type of carefully tailored restrictions contemplated by the various courts that have addressed the question of restraints on abusive litigants. See In re Green, supra ( ); Green v. White, 616 F.2d 1054, 1055 (8th Cir.1980) ( ); Graham v. Riddle, 554 F.2d 133, 134-35 (4th Cir.1977) ( ). Thus, the restrictions imposed were appropriate.
Litigiousness alone will not support an injunction restricting filing activities. In re Oliver, 682 F.2d at 446; Pavilonis v. King, 626 F.2d 1075, 1079 (1st Cir.), cert. denied, 449 U.S. 829, 101 S.Ct. 96, 66 L.Ed.2d 34 (1980); Castro v. United States, 775 F.2d at 408; Ruderer v. United States, 462 F.2d 897, 899 (8th Cir.), cert. denied, 409 U.S. 1031, 93 S.Ct. 540, 34 L.Ed.2d 482 (1972).
However, injunctions are proper where the litigant's abusive and lengthy history is properly set forth. See, e.g., Johnson v. Cowley, 872 F.2d at 344-46; Castro v. United States, 775 F.2d at 409 n. 11; Green v. Warden, 699 F.2d at 365-66 ( ); In re Green, 669 F.2d 779, 781-85 (D.C.Cir.1981) ( ); Franklin v. Murphy, 745 F.2d 1221, 1229-36 (9th Cir.1984) (listing cases); Peck v. Hoff, 660 F.2d 371, 374 and n. 2 (8th Cir.1981) ( ); Ruderer v. United States, 462 F.2d at 899 n. 2 (listing cases); In re Martin-Trigona, 737 F.2d 1254, 1264-74 (2d Cir.1984) (reciting cases); In re Hartford Textile Corp., 681 F.2d at 896-97 ( ); In re Tyler, 839 F.2d 1290, 1291-95 (8th Cir.1988) ( ); Carter v. Telectron, Inc., 452 F.Supp. 944, 954-88 (S.D.Tex.1977) ( ); cf. Sires v. Gabriel, 748 F.2d 49, 52 (1st Cir.1984) ( ).
In sum, the right of access to the courts is neither absolute nor unconditional, In re Green, 669 F.2d at 785, and there is no constitutional right of access to the courts to prosecute an action that is frivolous or malicious. Phillips v. Carey, 638 F.2d 207, 208 (10th Cir.), cert. denied, 450 U.S. 985, 101 S.Ct. 1524, 67 L.Ed.2d 821 (1981); State v. Carter, 678 F.Supp. 1484, 1486 (D.Colo.1986). No one, rich or poor, is entitled to abuse the judicial process. Hardwick v. Brinson, 523 F.2d 798, 800 (5th Cir.1975).
In addition to the limitations upheld by this court in Cotner v. Hopkins, 795 F.2d at 902, there are other restrictions available to the district court. See Van Sickle v. Holloway, 791 F.2d 1431, 1437 (10th Cir.1986) ( ); Castro v. United States, 775 F.2d at 402 ( ); Lacks v. Fahmi, 623 F.2d 254, 257 (2d Cir.1980) (same); Franklin v. Murphy, 745 F.2d at 1232 ( ); see also Procup v. Strickland, 792 F.2d 1069, 1072-73 nn. 2-10 (11th Cir.1986) (en banc) ( ); Green v. Warden, 699 F.2d at 367 ( ); In re Tyler, 839 F.2d at 1295 ( ).
Concomitant with the restrictions available to the district court, however, there must be some guidelines as to what plaintiff must do to obtain the court's permission to file an action. See Urban v. United Nations, 768 F.2d 1497, 1500 (D.C.Cir.1985) ( ); In re Green, 669 F.2d at 787-788 (D.C.Cir.1981) ( ); Green v. White, 616 F.2d at 1055-56 ( ); Cotner v. Hopkins, 795 F.2d at 902; Carter v. Telectron, 452 F.Supp. at 1003. Because there are no such provisions set forth in the district court's injunction, the grant or denial of leave to file an action is left completely to the whim of the court.
In addition, Mr. Tripati is entitled to notice and an opportunity to oppose the court's order before it is instituted. Gagliardi v. McWilliams, 834 F.2d 81, 83 (3d Cir.1987) (prior notice required); In re Oliver, 682 F.2d at 446 (same); In re Hartford Textile Corp., 613 F.2d 388, 390 (2d Cir.1979) (, )cert. denied, 447 U.S....
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