Summary
In Karmasu v. S. Ohio Corr. Facility (1993), 63 Ohio Misc.2d 377, 629 N.E.2d 1132, the Court of Claims of Ohio denied an inmate in forma pauperis status after the inmate had filed thirty-seven cases in a few years' time.
Summary of this case from State ex Rel. Richard, v. Cuyahoga Cty. CommrsOpinion
No. 93-09275.
Decided August 6, 1993.
Maharathah Karmasu, pro se. Lee I. Fisher, Attorney General, and Mary Kirchner Crawford, Assistant Attorney General, for defendant.
On July 20, 1993, plaintiff, Maharathah Karmasu, filed a complaint. Plaintiff has filed thirty-seven cases with the court in the past few years; (See Appendix.) The court has waived or absorbed court costs in a majority of the cases. Plaintiff has been assessed costs in eight of the cases.
Plaintiff has filed motions to proceed in forma pauperis for all of his cases. The court finds that to date no costs have been paid by plaintiff. Although the court does not wish to deny any individual the right to his day in court, the abusive procedure of filing frivolous lawsuits requires the court to OVERRULE plaintiff's request to proceed in forma pauperis in his recent filing.
A court of appeals has held that based on the United States Supreme Court's decision in In re Sindram (1991), 498 U.S. 177, 111 S.Ct. 596, 112 L.Ed.2d 599, the Court of Claims could properly overrule a petition to proceed in forma pauperis in the current action based on numerous repetitive filings of frivolous actions and require relator to pay the costs in the present action as well as future actions.
The Court of Appeals for Franklin County has held that "The Court of Claims of Ohio is not meant to be merely an avenue for inmates to vent their spleens about whatever is wrong in their world." Hurst v. Ohio Adult Parole Auth. (Dec. 24, 1991), Franklin App. No. 91AP-911, unreported, at 3, 1991 WL 274883. Plaintiff cannot file a lawsuit with the court every time he has an alleged problem with the institution.
Plaintiff shall pay the $25 filing fee on or before September 1, 1993. Failure to do so shall result in a dismissal pursuant to Civ.R. 41.
So ordered.
FRED J. SHOEMAKER, J., retired, of the Franklin County Court of Common Pleas, sitting by assignment.
Appendix
89-07221-AD Costs waived. 89-12097 Costs waived. 89-12101 Costs waived. 89-12119 Costs assessed to plaintiff. 89-12127 Costs waived. 90-07514 Costs waived. 91-05604-AD Costs waived. 91-05612-AD Costs waived. 91-05639-AD Costs waived. 91-05647-AD Costs waived. 91-05655-AD Costs waived. 91-05663-AD Costs waived. 91-05965-AD Costs waived. 91-05973-AD Costs waived. 91-05981-AD Costs waived. 91-05990-AD Costs waived. 91-06007-AD Costs waived. 91-06015-AD Costs waived. 91-06023-AD Costs waived. 91-06031-AD Costs waived. 91-06040-AD Costs assessed to plaintiff. 91-06058-AD Costs waived. 91-06066-AD Costs waived. 91-06074-AD Costs waived. 91-06082-AD Costs waived. 91-06091-AD Costs waived. 91-06104-AD Costs waived. 91-06155-AD Costs waived. 91-08808-AD Costs absorbed. 92-01173 Costs waived. 92-02617 Pending as of 5-23-93. 92-02722 Costs assessed to plaintiff. 92-02731 Costs assessed to plaintiff. 92-02749 Costs assessed to plaintiff. 92-02781 Costs assessed to plaintiff. 92-02790 Costs assessed to plaintiff. 92-02854 Costs assessed to plaintiff.