Chevrette v. Marks

558 F. Supp. 1133, 1983 U.S. Dist. LEXIS 18991
CourtDistrict Court, M.D. Pennsylvania
DecidedFebruary 25, 1983
DocketCiv. 81-0312
StatusPublished
Cited by4 cases

This text of 558 F. Supp. 1133 (Chevrette v. Marks) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chevrette v. Marks, 558 F. Supp. 1133, 1983 U.S. Dist. LEXIS 18991 (M.D. Pa. 1983).

Opinion

MEMORANDUM AND ORDER

NEALON, Chief Judge.

In a Report dated January 18,1983, Magistrate Raymond J. Durkin set forth ten recommendations concerning the disposition of various motions pending in the instant case. After independently reviewing the record, the court has decided to adopt the Magistrate’s Report and the recommendations therein. Having carefully examined the eighty-nine documents which comprise the record in this rather uncomplicated case, the court also feels compelled to make the following observations.

Initially, the court notes that the plaintiff is a prisoner proceeding pro se and in forma pauperis. The court therefore recognizes that the plaintiff’s pleadings should be held “to less stringent standards” than those drafted by practicing attorneys. Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). This does not mean, however, that a court must permit a pro se litigant to swell its docket with a barrage of frivolous and irrelevant matters. See, e.g., 28 U.S.C. § 1915(d); Rotolo v. Borough of Charleroi, 532 F.2d 920, 922-23 (3d Cir.1976).

Stripped to its bare essentials, the claim advanced in the present case is that the plaintiff has been subjected to cruel and unusual punishment because one of the defendants refuses to allow him to take prescribed medication in private. Apparently the plaintiff has digestive problems and he occasionally vomits after ingesting his medicine. The court feels that this claim is patently frivolous, for there is ample justification for requiring prisoners to ingest medication in the presence of officials, even when, as plaintiff claims, the drug is not a narcotic. This justification may be even stronger in the present case, where the medication is disgorged soon after its ingestion. In any event, apparently because the plaintiff had also alleged that he had been deprived of his medication, the Magistrate did not recommend dismissal of the action pursuant to 28 U.S.C. § 1915(d) at the outset.

*1135 More disturbing than the possibility that the action involves plainly unmeritorious claims is the manner in which the plaintiff has prosecuted his suit. Nearly two years ago, in his first Report regarding this case, Magistrate Durkin stated:

The file in this action is a mess, primarily due to plaintiff’s continuous filing of “amendments,” “motions,” or other documents in which he primarily complains of other matters which have occurred at the prison since he filed his original complaint. There is no indication that these “amendments” or “motions” have been served, or in some cases, timely served, upon defendants’ counsel, even though plaintiff was told that on all future documents, he must make service on opposing parties. His belated “certificates” of service appear to confuse matters even more.

Report of Magistrate at 3, Document No. 24 of the Record. This Report, which was later adopted by this court, warned the plaintiff that he would be required to file an amended complaint “limited to the issues initially raised.” Id. at 7.

The plaintiff did not follow the Magistrate’s direction. He not only has filed pleadings and motions concerning extraneous matters; he has done this with a vengeance. More than 60 documents have been filed since the first Report issued by the Magistrate, “most of them by the plaintiff.” Report of Magistrate at 1, Document No. 89 of the Record. Indeed, during one ninety-day period, the plaintiff filed nearly 30 documents. These filings frequently have been spurious. For instance, the plaintiff has moved for default judgments three times, twice against individuals who are not parties to this action. He has moved for sanctions regarding discovery against non-parties. He has also moved for “medical and parole plan furloughs as a legally free citizen of the United States.” Finally, after bombarding the Magistrate with these and other equally inane motions, he filed three separate requests for the Magistrate to file recommendations.

Pro se litigants must be made aware that it is patently unwise to barrage a court with groundless or repetitive matters. Such activity is futile, and, more significantly, it tends to obscure the meritorious claims advanced in a particular suit. Moreover, each time a court is forced to address frivolous motions or claims, a great amount of time and energy is wasted — resources which would be more fruitfully expended in discharging the judiciary’s obligation to redress violations of constitutional rights.

In addition, litigants proceeding in forma pauperis must recognize that they are not immune from the consequences of pursuing a vexatious course of litigation. Costs are “allowed as of course to the prevailing party unless the court otherwise directs.” Fed.R.Civ.P. 54(d). Notably, a litigant who is granted leave to proceed in forma pauperis is not relieved of the obligation to pay taxable costs after his action is over, even if he has litigated in good faith. See, e.g., Ross v. Robinson, Civil No. 79-1210, slip op. at 2-3 (M.D.Pa., October 8, 1982) (plaintiff, a prisoner proceeding in forma pauperis, was required to pay $195.79 to the prevailing defendants for costs incurred in obtaining a transcript of a deposition); Hudson v. Robinson, Civil No. 79-876, slip op. at 1 (M.D.Pa., Mar. 10, 1981), aff’d, 688 F.2d 821 (3d Cir.1982) (plaintiff required to pay $109.80 to defendants for witness fees and expenses); cf. 28 U.S.C. § 1915(e) (“Judgment may be rendered for costs at the conclusion of the suit or action as in other cases”). A litigant’s indigence often will not be regarded as a sufficient circumstance to excuse him from paying these costs. For example, in the Ross case, supra, the court directed the plaintiff to pay 25% of his prison wages to the defendants each month until the assessed sum had been fully paid.

Needless to say, a litigant who burdens his adversary with expenses concerning irrelevant matters will invariably tend to escalate the already high cost involved in resolving a lawsuit. If the vexatious litigant loses his case, he undoubtedly will be required to shoulder the burden of paying *1136 these costs, for the court will be less likely to depart from the general rule that a prevailing party is entitled to costs. See Fed.R.Civ.P. 54(d). Since the sum of these costs will have been increased by the litigant’s contumacious conduct, it seems quite fair to force him to bear the financial burden. See, e.g., Marks v. Calendine, 80 F.R.D.

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Bluebook (online)
558 F. Supp. 1133, 1983 U.S. Dist. LEXIS 18991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chevrette-v-marks-pamd-1983.