Green v. Camper

477 F. Supp. 758, 28 Fed. R. Serv. 2d 570, 1979 U.S. Dist. LEXIS 10358
CourtDistrict Court, W.D. Missouri
DecidedAugust 16, 1979
Docket79 4055 CV C
StatusPublished
Cited by23 cases

This text of 477 F. Supp. 758 (Green v. Camper) is published on Counsel Stack Legal Research, covering District Court, W.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Green v. Camper, 477 F. Supp. 758, 28 Fed. R. Serv. 2d 570, 1979 U.S. Dist. LEXIS 10358 (W.D. Mo. 1979).

Opinion

MEMORANDUM AND ORDER

ELMO B. HUNTER, District Judge.

On March 21, 1979, plaintiff, Clovis Carl Green, Jr., a Missouri state prisoner who is currently confined in the Missouri State Penitentiary at Jefferson City on a state conviction of forcible rape, provisionally filed in forma pauperis a complaint under the Civil Rights Act of 1871, 42 U.S.C. § 1983 and its corresponding jurisdictional statute, 28 U.S.C. § 1343(3), seeking equitable relief and damages in the sum of $1,000,000.00 for claimed violations of his federally protected rights including the alleged refusal of prison officials to recognize his claimed “religion”, the “Human Awareness Universal Life Church”. Named as parties were Donald W. Wyrick, Warden of the Missouri State Penitentiary; Donald Camper; Inmate Programs Supervisor of the penitentiary; Joseph Keene, Mailroom Supervisor of that institution and two other employees, Mr. Schank and Mr. Richards.

Following the provisional filing of this case in forma pauperis, it was referred in ordinary course to Magistrate Richard Ralston for processing in accordance with the provisions of 28 U.S.C. § 636; the Special Order of the Court En Banc of December 22, 1976, providing for such actions; and Local Rule 26 of the United States District Court for the Western District of Missouri.

Review of the complaint reveals that as his grounds for relief inmate Green in a very broad and conclusionary fashion asserts (1) that while in a protective unit of the penitentiary on March 9, 1979, he was given only three sheets of paper and two envelopes three times a week, thus denying him access to the courts; 1 (2) that he received a violation report for “out of bounds” in a kitchen area of the penitentiary which was not so marked with signs; (3) that the prison policy and practice on violation report disciplinary hearings “is unconstitutional because the Adjustment Board” “. . . failed to give an adequate state *759 ment as to evidence relied on or reasons for the action taken against plaintiff inmate; rather than pointing out the essential facts upon which inferences were based, the Committee merely incorporated the violation report and the special investigator’s report”; (4) that he was denied access to the courts because he “was denied the right to obtain and have [his] box of legal papers and law books . . . during the time that [he] was in protective custody in H-Hall during March, 1979”; (5) that he has been denied permission to conduct services of the “Human Awareness Universal Life Church” on Saturdays or to post notice of the same; and (6) he was ordered to shave his beard in violation of the “Human Awareness Universal Life Church”.

In an objective and painstaking manner Magistrate Ralston fully discussed each of these contentions in his twenty-four page report and found them “frivolous” and “malicious” under § 1915(d) of 28 U.S.C. The undersigned Judge has carefully reviewed the entire case file and Judge Ralston’s Report 2 and Recommendation and finds that it is correct. The Court further finds that (1) inmate Green’s contentions are duplicative of other contentions he has made in other cases he has filed in the federal court; that (2) his claims are frivolous under 28 U.S.C. § 1915(d) for the same reasons the Magistrate found them to be frivolous; that (3) these claims of petitioner are malicious under 28 U.S.C. § 1915(d); and finally, (4) that this case is but another case in which Petitioner Green is attempting in total bad faith to so swamp the docket of the United States District Court, Western District of Missouri, with frivolous cases, maliciously brought as to cause the Court to be unable to administer and process its docket. Petitioner is of the apparent mind that by flooding the Court with litigation and rendering it unable to administer its docket because of the sheer volume of such frivolous and malicious filings he will cause the Court to order his release from custody.

The above statement concerning inmate Green’s premeditated effort to prevent the Court from processing its docket is solidly supported by inmate Green’s previous filings and statements that he has made in his pleadings, letters and other documents.

Inmate Green’s Previous Filings Totaling Over 500 Cases

Commencing in 1972 when he was incarcerated in the Federal Medical Center at Springfield, Missouri, to the date of July 1, 1979, inmate Green has filed the following cases on his own behalf.

From the United States District Court for the Western District of Missouri: Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, No. 2877-1-S (W.D.Mo.1972); Clovis Carl Green, Jr. v. U. S. Bureau of Prisons, et al., No. 3015-1-S-R (W.D.Mo.1972); Clovis Carl Green, Jr. v. U. S. Attorney General, et al., No. 3027-1-S—R (W.D.Mo.1972); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, et al., No. 3042-1—S-R (W.D.Mo.1972); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, et al., No. 3069-S (W.D.Mo.1972); Clovis Carl Green, Jr. v. A. R. Elland, et al., No. 3092-S (W.D.Mo.1972); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, No. 73-CV-276-S (W.D. Mo.1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, No. 73-CV-429-S (W.D.Mo.1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, No. 73-CV-A50-S-WHB-R (W.D.Mo.1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, No. 73-CV-451-S-WHB—R (W.D.Mo.1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, No. 73-CV-452-S-WHB-R (W.D.Mo.1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, No. 73-CV-462-S-WHB-R (W.D.Mo.1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, et al., No. 73-CV-499-S-WHB-R (W.D.Mo. 1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, et al., No. 73-CV-517-S (W.D.Mo. 1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, et al., No. 73-CV-518-S-WHB-R (W.D.Mo.1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, No. 73-CV-520-WHB-R (W.D.Mo.1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, et al., No. 73-CV- *760 521-S-WHB-R (W.D.Mo.1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, et al., No. 73-CV-523-S-WHB-R (W.D.Mo. 1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, et al., No. 73-CV-532-S-WHB-R (W.D.Mo.1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, No. 73-CV-536-S-WHB-R (W.D.Mo.1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, No. 73-CV-543-S-WHB-R (W.D.Mo.1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, No. 73-CV-581-S-WHB-R (W.D.Mo.1973); Clovis Carl Green, Jr. v. Dr. P. J. Ciccone, et al., No.

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Bluebook (online)
477 F. Supp. 758, 28 Fed. R. Serv. 2d 570, 1979 U.S. Dist. LEXIS 10358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-camper-mowd-1979.