STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss ST,..., TE 0 F MAINE f. CIVIL ACTION .~ Docket No. CV-15-165 vUmberland · ss , Cie rk' s Off-11ce
MICHAEL HAMLIN, JUN 1 7 2015 Plaintiff RECEIVED v. APPLICATION TO PROCEED WITHOUT PAYMENT OF FEES DOWNEASTER MOTEL, et al.,
Defendants
Background
Since 2004, Mr. Hamlin has filed seventeen lawsuits against thirty-eight
defendants and four parties in interest as follows:
1. In CV-04-559, Mr. Hamlin filed a notice of claim against Prison Health
Services and Celia Englander for medical malpractice. This case was
dismissed pursuant to Rule 41(b) on 11 6107;
2. In CV-05-401, Mr. Hamlin filed a complaint against Pine State Vending
Co. and its president and alleged a violation of the Unfair Trade
Practices Act, extortion, monopolizing, consumer protection, and
emotional distress. This case was removed to the United States District
Court on 9 I 30 I 05;
3. In CV-05-231, Mr. Hamlin and Judith Hamlin filed a complaint
against Paul Bowen and Margaret Bowen and alleged breach of
contract. This case was dismissed on plaintiffs' motion on 10 I 7 I 10;
4. In CV-10-252, Mr. Hamlin filed a complaint against Pharos House and
its director and alleged breach of residential agreement, liberty interest, loss of business, and loss of inventory. A stipulation of
dismissal was filed in this case on 10 I 29 I 10.
5. In CV-10-287, Mr. Hamlin filed a complaint against Mary Thompson
and alleged breach of contract. This case was dismissed for failure to
pay filing fee on 7113110.
6. In CV-13-464, Mr. Hamlin filed a complaint against Warren Hyman
and alleged unauthorized use of plaintiff's registration, breach of
contract, and theft and theft by deception. This case is pending.
7. In CV-13-472, Mr. Hamlin filed a complaint against DRE Management
and its president and alleged negligence and personal injury. A
stipulation of dismissal was filed in this case on 6120114.
8. In CV-14-020, Mr. Hamlin filed a complaint against Anthony Sineni
and Caleb Ganon and alleged negligence, fraud, ineffective assistance
of counsel, attorney misconduct and negligent misrepresentation,
breach of contract, fraudulent concealment, breach of fiduciary duty
owed, breach of implied covenant of good faith and fair dealings, and
unjust enrichment. A stipulation of dismissal was filed in this case on
8118/14.
9. In CV-14-021, Mr. Hamlin filed a complaint against Jeffery LaPointe
and alleged fraud and breach of trust. This case was dismissed on
plaintiff's motion on 4124114.
10. In CV-14-089, M. Hamlin filed a complaint against DRE Management
and Ronald Dubois and alleged unpaid wages and overtime
compensation. A stipulation of dismissal was filed in this case on
6/6114.
2 11. In CV-15-032, Mr. Hamlin filed a complaint against GEICO Indemnity
Co., its president, and Sarah Grzyeowski, its agent, and alleged breach
of contract. This case is pending.
12. In CV-15-081, Mr. Hamlin filed a complaint against Gateway
Properties, LLC and alleged unjust enrichment and quantum meruit.
This case is pending.
13. In CV-15-092, Mr. Hamlin filed a complaint against H & L
Incorporated and alleged property negligence, personal injury, and
infliction of emotional distress. This case is pending.
14. In CV-15-100, Mr. Hamlin filed a complaint against Maine Motel,
Preston Cooper, and Betsy Foster and alleged conspiracy I assault and
battery I robbery and theft and reckless endangerment/ unsafe
environment. This case is pending.
15. In CV-15-128, Mr. Hamlin filed a complaint against B & B
Towing/ Gateway, LLC and alleged misplaced, lost or stolen items
from plaintiff's car while in custody and care of defendants. This case
is pending.
16. In CV-15-165, Mr. Hamlin filed a complaint Downeaster Motel, Port
Properties, Wal-Mart, Save-A-Lot, Hannaford's Supermarket,
McDonalds, Dollar Store, Cumberland Farms, Rite Aid, Shaw's
Supermarket, and Rent-A-Center and alleged violation of equal
protection of law, due process, and discrimination against Downeaster
Motel, violation of equal protection and discrimination against Port
Properties, and unlawful employment discrimination and unequal
protection against the remaining defendants. This case is pending.
3 17. In CV-15-258, Mr. Hamlin filed a complaint against District Attorney
Stephanie Andersen as defendant and Maine Department of
Corrections, Commissioner Joseph Fitzpatrick, Maine Correctional
Center, and Warden Scott Landry as parties in interest. This case is
pending.
According to the allegations in the complaints, Mr. Hamlin was
incarcerated at the time of the filing of sixteen of these lawsuits. When he filed
the complaint in CV-15-032, he was living in homeless shelters.
In each lawsuit, Mr. Hamlin filed an application to proceed without
payment of fees. In CV-15-165, Mr. Hamlin also requests that service fees be
paid without first attempting service by mail because "MCC will not photo-copy
or pay for defendant's copy to be sent if the envelope consists of more than one
(1) ounce in weight and plaintiff's complaint exceeds the postage weight." MCC
states this assertion is not accurate. Finally, Mr. Hamlin requests the court
supply at no cost to him court forms available to the public for a fee only.
Discussion
Rule 91 provides the complaint and motion filing fees may be waived
upon a finding by the court that the action or motion is not frivolous, has been
brought in good faith, and the plaintiff is without sufficient funds to pay the fees.
M.R. Civ. P. 9l(b) & (d). The rule provides that service costs may be paid as an
administrative expense upon a finding that the action is filed, or motion brought,
in good faith and the plaintiff is without sufficient funds. Service costs will be
paid only after plaintiff certifies he has attempted unsuccessfully to accomplish
service by agreement or in a manner that does not require payment of costs,
except postage. M.R. Civ. P. 91(c). The application to proceed without payment
4 of fees court form also provides that the mediation and jury fees may be waived
upon a finding the applicant is proceeding in good faith and is without sufficient
funds to pay certain fees and costs. Neither the rule nor the form provides for
waiver of payment for court forms, such as summonses.
The Maine Law Court has addressed the issue of denying a Rule 91
petition based on a frivolous complaint. See,~ Fleming v. Dep't of Corr., 2006
ME 23,
from filing frivolous and vexatious lawsuits. Spickler v. Key Bank of S. Me., 618
A.2d 204, 207 (Me. 1992).
The United States Supreme Court has determined the federal in forma
pauperis statute "is designed to ensure that indigent litigants have meaningful
access to the federal courts." Neitzke v. Williams, 490 U.S. 319, 325 (1989).
Federal courts are authorized "to dismiss a claim filed in forma pauperis if the
allegation of poverty is untrue, or if satisfied that the action is frivolous or
malicious" because "Congress recognized ... that a litigant whose filing fees and
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STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss ST,..., TE 0 F MAINE f. CIVIL ACTION .~ Docket No. CV-15-165 vUmberland · ss , Cie rk' s Off-11ce
MICHAEL HAMLIN, JUN 1 7 2015 Plaintiff RECEIVED v. APPLICATION TO PROCEED WITHOUT PAYMENT OF FEES DOWNEASTER MOTEL, et al.,
Defendants
Background
Since 2004, Mr. Hamlin has filed seventeen lawsuits against thirty-eight
defendants and four parties in interest as follows:
1. In CV-04-559, Mr. Hamlin filed a notice of claim against Prison Health
Services and Celia Englander for medical malpractice. This case was
dismissed pursuant to Rule 41(b) on 11 6107;
2. In CV-05-401, Mr. Hamlin filed a complaint against Pine State Vending
Co. and its president and alleged a violation of the Unfair Trade
Practices Act, extortion, monopolizing, consumer protection, and
emotional distress. This case was removed to the United States District
Court on 9 I 30 I 05;
3. In CV-05-231, Mr. Hamlin and Judith Hamlin filed a complaint
against Paul Bowen and Margaret Bowen and alleged breach of
contract. This case was dismissed on plaintiffs' motion on 10 I 7 I 10;
4. In CV-10-252, Mr. Hamlin filed a complaint against Pharos House and
its director and alleged breach of residential agreement, liberty interest, loss of business, and loss of inventory. A stipulation of
dismissal was filed in this case on 10 I 29 I 10.
5. In CV-10-287, Mr. Hamlin filed a complaint against Mary Thompson
and alleged breach of contract. This case was dismissed for failure to
pay filing fee on 7113110.
6. In CV-13-464, Mr. Hamlin filed a complaint against Warren Hyman
and alleged unauthorized use of plaintiff's registration, breach of
contract, and theft and theft by deception. This case is pending.
7. In CV-13-472, Mr. Hamlin filed a complaint against DRE Management
and its president and alleged negligence and personal injury. A
stipulation of dismissal was filed in this case on 6120114.
8. In CV-14-020, Mr. Hamlin filed a complaint against Anthony Sineni
and Caleb Ganon and alleged negligence, fraud, ineffective assistance
of counsel, attorney misconduct and negligent misrepresentation,
breach of contract, fraudulent concealment, breach of fiduciary duty
owed, breach of implied covenant of good faith and fair dealings, and
unjust enrichment. A stipulation of dismissal was filed in this case on
8118/14.
9. In CV-14-021, Mr. Hamlin filed a complaint against Jeffery LaPointe
and alleged fraud and breach of trust. This case was dismissed on
plaintiff's motion on 4124114.
10. In CV-14-089, M. Hamlin filed a complaint against DRE Management
and Ronald Dubois and alleged unpaid wages and overtime
compensation. A stipulation of dismissal was filed in this case on
6/6114.
2 11. In CV-15-032, Mr. Hamlin filed a complaint against GEICO Indemnity
Co., its president, and Sarah Grzyeowski, its agent, and alleged breach
of contract. This case is pending.
12. In CV-15-081, Mr. Hamlin filed a complaint against Gateway
Properties, LLC and alleged unjust enrichment and quantum meruit.
This case is pending.
13. In CV-15-092, Mr. Hamlin filed a complaint against H & L
Incorporated and alleged property negligence, personal injury, and
infliction of emotional distress. This case is pending.
14. In CV-15-100, Mr. Hamlin filed a complaint against Maine Motel,
Preston Cooper, and Betsy Foster and alleged conspiracy I assault and
battery I robbery and theft and reckless endangerment/ unsafe
environment. This case is pending.
15. In CV-15-128, Mr. Hamlin filed a complaint against B & B
Towing/ Gateway, LLC and alleged misplaced, lost or stolen items
from plaintiff's car while in custody and care of defendants. This case
is pending.
16. In CV-15-165, Mr. Hamlin filed a complaint Downeaster Motel, Port
Properties, Wal-Mart, Save-A-Lot, Hannaford's Supermarket,
McDonalds, Dollar Store, Cumberland Farms, Rite Aid, Shaw's
Supermarket, and Rent-A-Center and alleged violation of equal
protection of law, due process, and discrimination against Downeaster
Motel, violation of equal protection and discrimination against Port
Properties, and unlawful employment discrimination and unequal
protection against the remaining defendants. This case is pending.
3 17. In CV-15-258, Mr. Hamlin filed a complaint against District Attorney
Stephanie Andersen as defendant and Maine Department of
Corrections, Commissioner Joseph Fitzpatrick, Maine Correctional
Center, and Warden Scott Landry as parties in interest. This case is
pending.
According to the allegations in the complaints, Mr. Hamlin was
incarcerated at the time of the filing of sixteen of these lawsuits. When he filed
the complaint in CV-15-032, he was living in homeless shelters.
In each lawsuit, Mr. Hamlin filed an application to proceed without
payment of fees. In CV-15-165, Mr. Hamlin also requests that service fees be
paid without first attempting service by mail because "MCC will not photo-copy
or pay for defendant's copy to be sent if the envelope consists of more than one
(1) ounce in weight and plaintiff's complaint exceeds the postage weight." MCC
states this assertion is not accurate. Finally, Mr. Hamlin requests the court
supply at no cost to him court forms available to the public for a fee only.
Discussion
Rule 91 provides the complaint and motion filing fees may be waived
upon a finding by the court that the action or motion is not frivolous, has been
brought in good faith, and the plaintiff is without sufficient funds to pay the fees.
M.R. Civ. P. 9l(b) & (d). The rule provides that service costs may be paid as an
administrative expense upon a finding that the action is filed, or motion brought,
in good faith and the plaintiff is without sufficient funds. Service costs will be
paid only after plaintiff certifies he has attempted unsuccessfully to accomplish
service by agreement or in a manner that does not require payment of costs,
except postage. M.R. Civ. P. 91(c). The application to proceed without payment
4 of fees court form also provides that the mediation and jury fees may be waived
upon a finding the applicant is proceeding in good faith and is without sufficient
funds to pay certain fees and costs. Neither the rule nor the form provides for
waiver of payment for court forms, such as summonses.
The Maine Law Court has addressed the issue of denying a Rule 91
petition based on a frivolous complaint. See,~ Fleming v. Dep't of Corr., 2006
ME 23,
from filing frivolous and vexatious lawsuits. Spickler v. Key Bank of S. Me., 618
A.2d 204, 207 (Me. 1992).
The United States Supreme Court has determined the federal in forma
pauperis statute "is designed to ensure that indigent litigants have meaningful
access to the federal courts." Neitzke v. Williams, 490 U.S. 319, 325 (1989).
Federal courts are authorized "to dismiss a claim filed in forma pauperis if the
allegation of poverty is untrue, or if satisfied that the action is frivolous or
malicious" because "Congress recognized ... that a litigant whose filing fees and
court costs are assumed by the public, unlike a paying litigant, lacks an economic
incentive to refrain from filing frivolous, malicious, or repetitive lawsuits." Id.
(quotation marks omitted); see Hattie v. Andrews, 1998 Ohio App. LEXIS 2144, at
*3 (May 14, 1998).
A Nebraska statute permits a judge to object to an application to proceed
in forma pauperis "on the grounds that the applicant is asserting legal positions
which are frivolous or malicious." Lenz v. Hicks, 824 N.W.2d 769, 771 (Neb. Ct.
App. 2012). "The definition of a 'malicious' action is not well settled; however,
the decisions which have addressed the issue show that it is appropriate to
5 consider the number and kinds of cases instituted, and the extent to which the
conduct of the litigant constitutes an abuse of the judicial process." Id.
Mr. Hamlin has asked the public to assume the cost of seventeen lawsuits.
His history of litigation in Cumberland County, including filing seven lawsuits
during the first 159 days of 2015, constitutes the type of repetitive lawsuits
Congress anticipated in authorizing a dismissal of a claim filed in forma
paupens. This history of litigation constitutes an abuse of the judicial process
and the court's limited resources.
Further, in this complaint, Mr. Hamlin alleges violation of equal
protection and due process by private actors. See Holland v. Sebunya, 2000 ME
160, <][ 11, 759 A.2d 205. He also seeks compensatory and punitive damages
based on alleged discrimination but does not allege he filed a complaint with the
Maine Human Rights Commission. See 5 M.R.S. § 4622(1) (2014); 5 M.R.S. § 4613
(2014). It appears likely that most, if not all, of the eleven defendants in this
complaint would require representation by an attorney. See 4 M.R.S. § 807(3)(C)
& (J) (2014).
The entry is
Michael Hamlin's application to proceed without payment of fees is DENIED. If the filing fee is not paid within twenty days of the date of this order, this action is dismissed without prejudice. I
Date: June 17, 2015 ~/h~ NancyMi~ Justice, Superior Court