U.S. v. Martin

29 Citing cases

  1. U.S. v. Belt

    Civil No. PJM 10-2921 (D. Md. Jul. 26, 2011)   Cited 1 times

    The party seeking an injunction must show that (1) there is irreparable injury, (2) there is a real and immediate threat of future injury, and (3) the requested injunction would be in the public interest. See United States v. Martin, 356 F. Supp. 2d 621, 627 (W.D. Va. 2005) (citing Simmons v. Poe, 47 F.3d 1370, 1382 (4th Cir. 1995) and Lone Star Steakhouse Saloon v. Alpha of Va., 43 F.3d 922, 929 (4th Cir. 1995)). Attempts to secure liens or judgments based on false security filings, such as Belt has consistently undertaken, have typically been subjected to injunctive relief.

  2. U.S. v. McCloud

    CIVIL ACTION NO. 07-15013 (E.D. Mich. Jul. 22, 2008)

    United States v. Ekblad, 732 F.2d 562, 563 (7th Cir. 1984). See also United States v. Martin, 356 F.Supp.2d 621, 625 (W.D. Va. 2005);United States v. Poole, 916 F.Supp. 861, 862-863 (C.D. Ill. 1996). Jones is attached as Exhibit 12 and McCaskill as Exhibit 13 to Plaintiff's Motion for Summary Judgment.

  3. Jones v. Caruso

    569 F.3d 258 (6th Cir. 2009)   Cited 282 times
    Denying qualified immunity for prison officials who allegedly opened and read legal mail outside a prisoner's presence

    nsubstantiated liens and Uniform Commercial Code ("UCC") financing statements against state or federal officials involved with their incarceration. See, e.g., United States v. Gordon, No. CV205-158, 2005 WL 2237640, at *1-2 (S.D.Ga. Aug.25, 2005) (finding that prisoners filed "facially absurd" liens and UCC financing statements designed to harass and intimidate government officials in the performance of their duties); United States v. Orrego, No. 04 CV 0008 SJ, 2004 WL 1447954, at *2-3 (E.D.N.Y. June 22, 2004) (granting government's motion for summary judgment where prisoner purported to copyright his name, after which he filed fraudulent liens against various government officials for using his name without permission or payment); Ray v. Williams, No. CV-04-863-HU, 2005 WL 697041, at *2 (D.Or. Mar.24, 2005) (granting government's motion for summary judgment where prisoner submitted UCC filings against government officials, seeking payment for unauthorized use of his copyrighted name); United States v. Martin, 356 F.Supp.2d 621, 626-27 (W.D.Va. 2005) (finding "null and void" prisoner's fraudulent UCC financing statements naming himself as the secured party for a $108,000,000.00 debt purportedly owed to him by various government officials); United States v. Brum, No. CIV. A. 105CV110, 2005 WL 1606584, at *3 (E.D.Tex. July 1, 2005) (granting government's motion for summary judgment where prisoner filed fraudulent liens and UCC financing statements against the judge and prosecutor involved in his criminal conviction); Cooperwood v. McDonald, No. 2:05 CV 111, 2005 WL 1427718, at *2-4 (W.D.Mich. June 13, 2005) (dismissing prisoner's civil rights action under the Prison Litigation Reform Act where prisoner filed a fraudulent lien "for infringement of his copyrighted name"); United States v. Stouder, No. 3:04-1044, 2005 WL 2715666, at *3-5 (M.D.Tenn.

  4. Monroe v. Beard

    536 F.3d 198 (3d Cir. 2008)   Cited 957 times
    Holding that prison officials that confiscated inmate legal materials did not violate the Due Process Clause in part because Pennsylvania D.O.C.'s grievance procedure provided an adequate post-deprivation remedy

    In federal criminal and civil prosecutions of inmates filing false commercial liens against prosecutors, judges, corrections officers and other government employees, courts have uniformly declared those liens null and void. See, e.g., United States v. Joiner, 418 F.3d 863 (8th Cir. 2005) (affirming judgment of conviction of conspiracy to injure a judicial officers in their property and to intimidate judicial officers in the discharge of their duties against defendant-inmates who filed false UCC liens against judges and prosecutors); United States v. Speight, 75 Fed.Appx. 802 (2d Cir. 2003) (affirming judgment of conviction against defendant-inmates claiming that government officials owed them multi-million dollar debts and filing fraudulent liens to obtain those "debts"); United States v. McKinley, 53 F.3d 1170 (10th Cir. 1995) (affirming order declaring false commercial lien, filed by defendant-inmate against prosecutor and judge, "null, void and of no legal effect"); United States v. Martin, 356 F.Supp.2d 621 (W.D.Va. 2005) (granting government's request for civil injunctions and monetary damages against defendant-inmates who filed false commercial liens against judges and prosecutors); United States v. Orrego, No. 04-CV-0008SJ, 2004 WL 1447954 (E.D.N.Y. June 22, 2004) (granting injunction and an award of money damages in civil action brought by the government against defendant-inmates who filed fraudulent liens against judge as retribution for using inmate's "copyrighted" name); United States v. Anderson, No. 97C821, 1998 WL 704357 (N.D.Ill. Sept.25, 1998) (granting declaratory, injunctive and monetary relief for government in action against defendant-inmate who filed commercial liens against judge, prosecutor, and his public defender). The inmates have filed these commercial liens with state departments of revenue, departments of state, or other the state agencies responsible for receiving and recording these financial instruments.

  5. Ruiz v. Amigos Bar, Inc.

    CIVIL JKB-22-01806 (D. Md. Jan. 20, 2023)

    See Fed.R.Civ.P. 4(e)(1) (providing that an individual may be served by “following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located”); Iretonv. City of Baltimore, 61 Md. 432 (1884) (“[S]ervice of the writ is not essential. If the defendant appears, that gives the court jurisdiction to proceed[.]”) (quotations omitted)); see also United States v. Martin, 356 F.Supp.2d 621 (W.D. Va. 2005) (applying Virginia state court precedent pursuant to Rule 4(e) to determine whether a general appearance to contest the merits of a suit constituted a waiver of service).

  6. Torres v. Fla. Dep't of Corr.

    Case No. 4:15cv464-RH/CAS (N.D. Fla. Aug. 16, 2017)   Cited 2 times

    Feb.10, 2010) (finding inmate's complaint alleging constitutional violations stemming from defendants failure to provide him access to wordprocessor to type his UCC claims frivolous), and the cases cited therein: United States v. Talley, 2007 WL 2208811 at *1 n. 1 (N.D.Fla., July 27, 2007) (quoting Hardin v. Michigan Dep't of Corrections, 2007 WL 1975102, at *6 (W.D.Mich. Mar.28, 2007) (collecting multiple cases, including United States v. Gordon, 2005 WL 2237640 (S.D.Ga. Aug.25, 2005) (prisoner filed "facially absurd" liens and UCC financing statements designed to harass and intimidate government officials in the performance of their duties); United States v. Orrego, 2004 WL 1447954 (E.D.N.Y. June 22, 2004) (prisoner filed fraudulent liens against government officials); Ray v. Williams, 2005 WL 697041 (D.Or. Mar.24, 2005) (prisoner engaged in fraudulent scheme by which he filed false UCC filings against government officials); United States v. Martin, 356 F.Supp.2d 621 (W.D.Va.2005) (prisoner filed fraudulent UCC financing statements naming himself as the secured party for a $108,000,000.00 debt owed him by various government officials); United States v. Brum, 2005 WL 1606584 (E.D.Tex. July 1, 2005) (prisoner filed fraudulent liens and UCC financing statements against the judge and prosecutor involved in his criminal conviction); Cooperwood v. McDonald, 2005 WL 1427718 (W.D.Mich. June 13, 2005) (prisoner filed a fraudulent lien against several judges and prosecutors); United States v. Stouder, 2005 WL 2715666 (M.D.Tenn.

  7. United States v. Martin

    171 F. Supp. 3d 489 (E.D. Va. 2016)

    Here, movant's post-sentencing conduct points convincingly to the conclusion that a reduction in the sentence lower than 360 months is inappropriate. Specifically, while serving his sentence at the United States Penitentiary in Lee County Virginia, movant and a fellow inmate, Reginald Falice, participated in a conspiracy to harm the creditworthiness and reputations of the Clerk of the Court for the United States Court of Appeals for the Fourth Circuit, as well as Judges King, Williams, and Hamilton. The government filed a complaint seeking an injunction, among other things, alleging that movant and Falice knowingly filed false financial statements with the Virginia State Corporation Commission claiming they were “secured parties” who were owed eight million and one-hundred million dollars by the Clerk and the judges. See United States v. Martin, 356 F.Supp.2d 621, 623 (2005). Thereafter, the government filed for summary judgment, and defendants moved to dismiss for lack of jurisdiction.

  8. Gregory v. Denham

    Civil Action No. 14-cv-02183-BNB (D. Colo. Oct. 16, 2014)

    prisoners filing baseless liens and/or UCC financing statements for the purpose of harassment and credit impairment of the alleged debtor (almost always a state or federal official involved with securing the prisoner's incarceration) is well documented. See, e.g., United States v. Gordon, No. CV 205-158, 2005 WL 2237640 (S.D. Ga. Aug.25, 2005) (prisoners filed "facially absurd" liens and UCC financing statements designed to harass and intimidate government officials in the performance of their duties); United States v. Orrego, No.04 CV 0008 SJ, 2004 WL 1447954 (E.D.N.Y. June 22, 2004) (prisoner purported to copyright his name, after which he filed fraudulent liens against various government officials for using his name without permission or payment); Ray v. Williams, No. CV-04-863-HU, 2005 WL 697041 (D. Or. Mar.24, 2005) (prisoner engaged in fraudulent scheme by which he filed false UCC filings against government officials seeking payment for unauthorized use of his copyrighted name); United States v. Martin, 356 F.Supp.2d 621 (W.D. Va.2005) (prisoner filed fraudulent UCC financing statements naming himself as the secured party for a $108,000,000.00 debt owed him by various government officials); United States v. Brum, No. CIV. A. 105CV110, 2005 WL 1606584 (E.D. Tex. July 1, 2005) (prisoner filed fraudulent liens and UCC financing statements against the judge and prosecutor involved in his criminal conviction); Cooperwood v. McDonald, No. 2:05 CV 111, 2005 WL 1427718 (W.D. Mich., June 13, 2005) (prisoner filed a fraudulent lien "for infringement of his copyrighted name"); United States v. Stouder, No. 3:04-1044, 2005 WL 2715666 (M.D. Tenn. Sept. 2, 2005) (prisoner filed fraudulent UCC financing statements against government officials in the amount of $300,000,000.00).

  9. United States v. James

    Case No: 5:14-cv-387-Oc-30TBS (M.D. Fla. Oct. 14, 2014)

    James's tactics are not unique or new; courts across the United States have considered liens identical to those at issue in this case and have declared those liens invalid. See, e.g., United States v. McKinley, 53 F.3d 1170, 1171-72 (10th Cir. 1995); United States v. Leitner, No. 3:10cv454/RS/CJK, 2011 WL 2532745 (N.D. Fla. June 6, 2011); United States v. Williams, 476 F. Supp. 2d 1368 (M.D. Fla. 2007); United States v. Brum, No. Civ.A 105CV110, 2005 WL 1606584 (E.D. Tex. July 1, 2005); United States v. Martin, 356 F. Supp. 2d 621 (W.D. Va. 2005); United States v. Orrego, No. 04 CV 0008 SJ, 2004 WL 1447954 (E.D. N.Y. June 22, 2004); Barker, 19 F. Supp. 2d 1380.

  10. Cepeda v. Bartlett

    13-CV-0368F (W.D.N.Y. Nov. 21, 2013)

    " 'The abusive practice of prisoners filing baseless liens and/or UCC financing statements for the purpose of harassment and credit impairment of the alleged debtor (almost always a state or federal official involved with securing the prisoner's incarceration) is well documented.' " Bartz v. Van De Graaf, 2008 WL 2704882, at *2 (D.Vt., July 8, 2008) (quoting Hudson v. Caruso, 2007 WL 2363308, at *5 (W.D.Mich., August 16, 2007) (parenthetical in original) (collecting cases); and citing United States v. Martin, 356 F.Supp.2d 621 (W.D.Va.2005) (prisoner filed fraudulent UCC financing statements naming himself as the secured party for a $108,000,000.00 debt owed him by various government officials); United States v. Brum, 2005 WL 1606584 (E. D.Tex. July 1, 2005) (prisoner filed fraudulent liens and UCC financing statements against the judge and prosecutor involved in his criminal conviction).