Opinion
CIVIL ACTION No. 18-2003-KHV
07-06-2018
TOMMIE PERRIS CRAWFORD, Plaintiff, v. UNITED STATES MARSHALS SERVICE, et al., Defendants.
MEMORANDUM AND ORDER
On June 15, 2018, plaintiff filed a document titled Amended Private Settlement Agreement (Doc. #31) which asks the Clerk of Court to enter an order which releases him from custody. The Court construes this filing as a motion to alter or amend judgment. Amended Judgment In A Civil Case (Doc. #28) filed May 15, 2018. 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 Amended Private Settlement Agreement (Doc. #31), 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 Amended Private Settlement Agreement (Doc. #31) filed June 15, 2018, which the Court construes as a motion to alter or amend judgment, is OVERRULED.
Dated this 6th day of July, 2018 at Kansas City, Kansas.
s/ Kathryn H. Vratil
KATHRYN H. VRATIL
United States District Judge