Opinion
CIVIL ACTION No. 18-2003-KHV
06-06-2018
TOMMIE PERRIS CRAWFORD, Plaintiff, v. UNITED STATES MARSHALS SERVICE, et al., Defendants.
MEMORANDUM AND ORDER
On May 30, 2018, plaintiff filed a Private Settlement Agreement (Doc. #29), wherein he asks the Clerk of Court to enter an order which would release him from custody. The Court construes this filing as a motion. For reasons stated in Memorandum And Order (Doc. #17) filed March 14, 2018 at 2, and Memorandum And Order (Doc. #27) filed May 15, 2018 at 3-4, the Court overrules plaintiff's motion.
The Court considers a document "frivolous" when "it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989) (frivolous filings include "fanciful factual allegation[s]" or "inarguable legal conclusion[s]"). The fact that a party attaches exhibits to a motion does not show that the motion has an arguable basis in law or fact.
Defendant's basic contentioni.e. that he can satisfy his criminal judgment and shorten his prison sentence through monetary paymentslacks any basis in law. Further, defendant has "an extensive record of frivolous filings." United States v. Crawford, No. 05294 (JRT/AJB), 2009 WL 1096050, at *1 (D. Minn. Apr. 22, 2009); see also Memorandum In Support Of United States' Motion To Dismiss (Doc. #5) filed January 5, 2018 at 12 n.1 (summarizing plaintiff's prior filings in the District of Kansas). The Court finds that plaintiff's motion is frivolous, see Private Settlement Agreement (Doc. #29), and retains authority to sanction plaintiff for frivolous filings in the future. Fed. R. Civ. P. 11(c).
IT IS THEREFORE ORDERED that plaintiff's Private Settlement Agreement (Doc. #29), which the Court construes as a motion for release from custody, filed May 30, 2018 is OVERRULED.
Dated this 6th day of June, 2018 at Kansas City, Kansas.
s/ Kathryn H. Vratil
Kathryn H. Vratil
United States District Judge