In re Keyes

344 F. Supp. 3d 803
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 2, 2018
DocketCIVIL ACTION NOS. 18-CV-4670; 18-CV-4671; 18-CV-4692; 18-CV-4693; 18-CV-4709; 18-CV-4714
StatusPublished
Cited by14 cases

This text of 344 F. Supp. 3d 803 (In re Keyes) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Keyes, 344 F. Supp. 3d 803 (E.D. Pa. 2018).

Opinion

CYNTHIA M. RUFE, District Judge.

Plaintiff Keysean L. Keyes, a prolific pro se filer who has been enjoined from filing lawsuits on an in forma pauperis basis in the Eastern District of New York, has filed ten lawsuits in this District over the course of three days. Keyes' lawsuits predominately concern a criminal proceeding brought against her in Nassau County, New York, a bench warrant issued for her arrest in connection with that proceeding, and her desire to "transfer" her criminal case to this Court. Six of those lawsuits-Civil Action Numbers 18-4670, 18-4671, 18-4692, 18-4693, 184709, and 18-4714-have been assigned to the undersigned.

Keyes has moved to proceed in forma pauperis in each of those cases. For the following reasons, the Court will grant Keyes leave to proceed in forma pauperis and dismiss her Complaints. Keyes will also be directed to show cause as to why she should not be subject to a prefiling injunction as set forth in more detail below.

*806I. FACTS AND PROCEDURAL HISTORY1

A. Keyes' Filing History in Other Districts

A search of PACER reflects that since May of 2015, Keyes has filed sixty-five cases in the Eastern District of New York and three cases in the District of Connecticut. Many of those lawsuits appear to have stemmed from state criminal proceedings initiated against her. As a result of Keyes' litigation efforts while incarcerated, she has already acquired three strikes for purposes of 28 U.S.C. § 1915(g). See Keyes v. Quinn , No. 17-CV-6429 (JMA), 2017 WL 6570869, at * 1 n.2 (E.D.N.Y. Dec. 22, 2017) ("She has already had at least three in forma pauperis complaints that were filed while she was incarcerated sua sponte dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1)."). During one period of less than a month, Keyes filed fourteen cases in the Eastern District of New York. Id.

On November 9, 2017, the Honorable Joan M. Azrack of the Eastern District of New York issued an order in several of Keyes' cases, directing Keyes to show cause "why an order should not be entered barring her from filing any new complaint relating to her underlying criminal case and any of the subjects raised in" twenty-three cases she filed in that District. Id. at * 1. Keyes did not respond and was accordingly "enjoined from filing any new action in [the Eastern District of New York]... relating to her underlying criminal case and any of the subjects raised in [those] Complaints without first seeking leave of Court." Id. Keyes "was also warned that the continued submission of frivolous civil actions may result in the imposition of additional sanctions, including monetary penalties, upon notice and an opportunity to be heard." Id. at *2.

On December 22, 2017, Judge Azrack addressed an additional seven cases filed by Keyes that were not addressed by the Judge's prior order. Judge Azrack observed that Keyes' complaints were "incomprehensible, incoherent, frivolous, and largely repetitive of prior complaints," and that, among other things, Keyes continued to sue state judges who presided over her criminal matters and attorneys assigned to represent her in those cases. Id. Additionally, "[l]ike her other complaints, [Keyes] allege[d] that she, as a 'black woman', is a victim because the defendants 'hate [ ] black people.' " Id.

Judge Azrack granted Keyes leave to proceed in forma pauperis and dismissed her cases, concluding that they were factually and legally frivolous. Id. at *3. Judge Azrack also directed Keyes to show cause why she should not be subject, in light of her abusive litigation history, to a prefiling injunction barring her from filing any new in forma pauperis complaint regardless of the subject matter without first obtaining leave of court. Id. at *4. Judge Azrack also enjoined Keyes from filing any new in forma pauperis complaint for thirty days, noting that "[t]his temporary 30-day injunction is necessary to ease the substantial burden placed on the Court and court staff by the continuous stream of baseless and repetitive complaints filed by [Keyes]."2 Id. (footnote omitted).

Keyes was also warned that, "should she file another incoherent, frivolous action" the court would consider imposing sanctions on her. Id. Judge Azrack further *807explained why Keyes' behavior justified the imposition of additional restrictions:

Given that [Keyes] is disruptive on her lengthy and frequent visits to the Court and has now named as defendants each employee in the Clerk's Office who has assisted her, including the Clerk's Office Manager, and the Long Island Courthouse's Pro Se Office staff members, the Court may also enjoin [Keyes] from personally filing any papers at the Court and may require that all future submission from [Keyes] be sent to the Court through the mail. While the Court is hesitant to limit access to the courthouse door to [Keyes], the assistance she needs and has sought is not to be found here and her abuse of judicial resources is clearly excessive.

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344 F. Supp. 3d 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-keyes-paed-2018.