Opinion
Bankruptcy Case No. 02-37307-HDH-7, Civil Action No. 3:04-CV-0494-G, Consolidated With 3:04-CV-1013-G, Nos. 3:04-CV-1021-G, 3:04-CV-1469-G, 3:04-CV-1585-G.
August 19, 2004
ORDER
In these consolidated cases, Melvin Ray Hassell ("Hassell") has filed several frivolous pleadings that include false and scandalous allegations against, among others, this court, United States' attorney Ramona Nottinger, and Internal Revenue Service employee Earl Hudley. See, e.g., Appellant's reply brief (filed Jul. 21, 2004); Appellant's brief in opposition to Ramona Nottinger's attempt to cover-up criminal wrongdoing . . . (filed Jul. 24, 2004). Pursuant to FED. R. CIV. P. 12(f), "the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." The court finds the above referenced pleadings to contain redundant, immaterial, impertinent, and even scandalous allegations. Therefore, the following pleadings are STRICKEN from the record and the clerk shall unfile them:
(1) Appellant's reply brief (filed Jul. 21, 2004); and
(2) Appellant's brief in opposition to Ramona Nottinger's attempt to cover-up criminal wrongdoing . . . (filed Jul. 24, 2004).
The court also finds Hassell to be a vexatious litigator who has violated FED. R. CIV. P. 11(b) by inundating this court with improper and meritless pleadings. Accordingly, the clerk shall not accept from Hassell any further pleadings or documents for filing in this case unless Hassell first obtains leave from the undersigned for such filing. Hassell may obtain such leave only by filing a motion for leave to file the subject pleading or document and attaching a copy of the pleading or document to the motion for leave.
To the extent not inconsistent with this order, the United States Motion to Strike, for Injunctive Relief, to Require Melvin Hassell to Properly Serve the Government, and Supporting Brief (filed Jul. 28, 2004) is GRANTED.
SO ORDERED.