i love it when prisoners write their own motions

[befsquire]

excerpt from WASHINGTON v. ALAIMO, 934 F.Supp. 1395 (S.D. GA 1996):

On April 5, 1996, this Court ordered Plaintiff to show cause why this Court should not impose Rule 11 sanctions upon him for filing a motion for improper purposes. The motion which Plaintiff filed was entitled “Motion to Kiss My Ass” (Doc. 107) in which he moved “all Americans at large and one corrupt Judge Smith [to] kiss my got [sic] damn ass sorry mother fucker you.”

[Genocide Tulips]

Got damn.

[befsquire]

apparently, unlike other prisoners, this guy actually pays the filing fee every time he files his ridiculous motions (using his veterans disability checks), so it misses the regular filters for frivolous prisoner lawsuits.

"In Matthew Washington v. Bobby Whitworth, et al., 6:91cv87, this Court's experience with Plaintiff began. In that case, Plaintiff filed the Complaint on November 8, 1991, and soon commenced his motion filings practice. In February 1992, he moved to change venue. Then, he initiated the trademark of his practice: the Motion to Amend Complaint. He moved to amend his complaint on March 6, 1992, on April 15, 1992, and on December 14, 1992. After a couple allowances of amendment, Judge Dudley H. Bowen, Jr., began denying Plaintiff's motions to amend. Soon thereafter he moved to disqualify Judge Bowen and began filing “Extraordinary Motions to Amend” including one which desired to add the United States Secret Service as a party.

Plaintiff began filing frivolous motions on a weekly basis and, in that relatively simple civil rights lawsuit, he ended up filing more than seventy-five pleadings, all of which required the considered attention of this Court and Judge Bowen. These motions included “Motion to Behoove an Inquisition” and “Motion for Judex Delegatus” and “Motion for Restoration of Sanity” and “Motion for Deinstitutionalization”. In one instance, he indicated the recreational tilt of his litigation when he filed a “Motion for Publicity” regarding a trial which had been set for March 23, 1995, in Statesboro. At the time of trial, Plaintiff filed a “Motion to Vacate Jurisdiction” which was denied. Even after judgment as a matter of law was entered against him at the trial, Plaintiff did not perceive his case as complete. He renewed the filing of “Extraordinary Motions to Amend” and filed his appeals, fees paid, with the United States Court of Appeals for the Eleventh Circuit."

i think the motion to behoove an inquisition is a brilliant title for something with no legal basis whatsoever.

[befsquire]

"After one year of motions filing after the case had been closed, this Court ordered Plaintiff to quit submitting motions in a closed case and directed the Clerk to return to Plaintiff any further pleading filed by him. Plaintiff “one-upped” the Clerk when he filed a Notice of Appeal from that order; the notice, of course, had to be placed in the case file."

[ms.peachy]

Gotta admire that kind of chutzpah.

[Genocide Tulips]

Motion to reinstate Crystal Clear Pepsi should be his next.

[Schmeltz]

"In xxx v. xxx, et al., 6:91cv87, this Court's experience with Plaintiff began.


Umm.... is it OK for you to publicly disclose these details?

[TurdBerglar]

this thread confuses the hell out of me

[befsquire]

Umm.... is it OK for you to publicly disclose these details?
as you can see from my first post, this is case law from 1996, available for anyone who wants to go to the library and pull out the book. this is all a direct quote from a law book, in other words.

[Schmeltz]

Oh, word. Do the rules for publishing legal information like that vary from place to place, or is there like a federal-level standard that governs the point at which information can be made available? Just curious.

[befsquire]

any police report is available to the public. any court file and its contents is available to the public. any time a case gets to a court on some form of appeal, if an opinion is written, it gets published in a book, though some get published and claim that they aren't really published, so that you can't cite to it as case law for whatever you're writing.

he has filed numerous suits, and they list some of his highlights in the case i quoted from. each time he files a suit, that case becomes public information.

about the only thing that doesn't become public is the address of a victim if that person has requested the information to be withheld.

lolz: he has filed a motion for skin change and a motion to renounce citizenship.

[Genocide Tulips]

Should've allowed the skin change.

[Schmeltz]

Skin change? I can only guess as to what that might entail.

It's interesting that all those details are a matter of public record; I imagine that the sum total of this kind of litigation must occupy an enormously voluminous amount of paperwork. Is there a statute of limitations or some other kind of limiting factor on how long these records are maintained, or are they entered into the public domain in perpetuity for anyone to access at anytime in the future?

I only ask because I'm increasingly curious about the mechanics of legislation and its role in society, and the only lawyers I "talk" to are on this board - you, Documad, Bob (well, eventually) etc. And this girl I banged a couple of times but she wasn't very informative.

[befsquire]

there's nothing specific that i'm aware of that dictates how long a physical court file must be maintained if it's a closed case, but before they destroy it, they put all documents on micro fiche. evidence gets maintained for a long time, and at some point someone gets contacted if it is going to be destroyed.

but, once something's in a law book, it's there for all eternity, to access either through a book at the library, an online research site, and for a period of time the opinions are available on the website of the court that issued them.

a client of our office once filed a motion for love. the judge never even held a hearing to rule on it. :(

[Tone Capone]

apparently, unlike other prisoners, this guy actually pays the filing fee every time he files his ridiculous motions (using his veterans disability checks), so it misses the regular filters for frivolous prisoner lawsuits.


Yo!

How much does it normally cost to file?

[ScarySquirrel]

I think that first mentioned motion is one of the best motions I've ever heard of and the fact that the dude actually paid the filing fee is awesome.

[QueenAdrock]

ahahahha (y)

[Bob]

i'm passing this stuff on to my classmates, thanks beth

i love that "you got damn sorry mother fucker you" is in westlaw (twice if you count the headnotes)

[befsquire]

Yo!

How much does it normally cost to file?
this case came out in 1996, and at that time, it was $120 to file it in federal court.

dude's doing life, so it's not like he has something better to do with his time.

[Schmeltz]

So you can file motions for skin change, love, motherfuckers. What can't you file a motion for?

I would file a motion for more motions.

[Documad]

I would have found this thread more amusing a few months ago.