Opinion
CAUSE NO. 1:10-CV-348.
October 20, 2010
OPINION AND ORDER
This matter is before the Court on a complaint filed by Michael C. Leadbetter and JoEllen E. Teusch. For the reasons set forth below, this case is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and Michael C. Leadbetter and JoEllen E. Teusch are CAUTIONED that if they file any other frivolous or malicious papers in this court, they may be fined, sanctioned, or restricted.
BACKGROUND
DISCUSSION
Leadbetter v. Parkview Hospital, pro se pro se in forma pauperis See Gladney v. Pendleton Correctional Facility, 302 F.3d 773774res judicata See Highway J Citizens Group v. United States DOT, 456 F.3d 734 741
These cases are not the only meritless filings that these two plaintiffs have presented to this court. In Teusch v. U.S. Attorney General, 1:08-CV-002, this court dismissed their complaint which alleged that the Attorney General's "failure to prosecute the City of Fort Wayne makes the Attorney General's office a party to `governmental level conspiracies' against them involving the President as well as the Vice President's Office." Id., DE 3 at 3. Recently, they filed a "Notice of State Terrorism and Conspiracy Against Rights" in two of their other closed cases. See Leadbetter v. United States, 1:06-CV-285 (N.D. Ind. filed August 15, 2006), and Teusch v. City of Fort Wayne, 1:09-CV-064 (N.D. Ind. filed March 12, 2009). In that filing, they included three judges of this court, including the undersigned judge, as a part of the conspiracies against them.
It is past time for Michael C. Leadbetter and JoEllen E. Teusch to stop wasting this court's time with frivolous filings. "Federal courts have both the inherent power and constitutional obligation to protect their jurisdiction from conduct which impairs their ability to carry out Article III functions." In re McDonald, 489 U.S. 180, 185 n. 8 (1989) citing In re Martin-Trigona, 737 F. 2d 1254, 1261 (2nd Cir. 1984). Therefore, if either of them file any more frivolous or malicious papers in this court, they may be fined, sanctioned, or restricted.
CONCLUSION
For the reasons set forth above, this case is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and Michael C. Leadbetter and JoEllen E. Teusch are CAUTIONED that if they file any other frivolous or malicious papers in this court, they may be fined, sanctioned, or restricted.
DATED: October 20, 2010