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Lankford v. United States Department of Justice

United States District Court, D. New Mexico

December 8, 2017

DAVID LANKFORD and LEE ANN LANKFORD, Plaintiffs,
v.
UNITED STATES DEPARTMENT OF JUSTICE, Defendant.

          ORDER ENJOINING PLAINTIFFS FROM FILING CERTAIN PLEADINGS OR LAWSUITS IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO AND IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEW MEXICO

         THIS MATTER comes before the Court following the Court's Order to Show Cause Why Filing Restrictions Should Not Be Imposed, filed on November 17, 2017 (Doc. 22). Plaintiffs are pro se litigants who have engaged in a pattern of frivolous and repetitive litigation in this Court and the United States Bankruptcy Court, District of New Mexico (the “Bankruptcy Court”). On November 17, 2017, the Court also entered a Memorandum Opinion and Order dismissing all claims in this case (Doc. 21).

         On November 30, 2017, the Plaintiffs filed another Motion to Vacate Void Judgments per Rule 60(b) in the Bankruptcy Court. This motion alleges similar due process violations and bias arguments that were rejected by this Court.[1] This motion was filed thirteen days after the Court issued the Order to Show Cause. Therefore, the Court concludes that Plaintiffs considered the Court's specific warnings about filing repetitive or frivolous filings and rejected them. Plaintiffs are likely to continue to abuse the judicial process.

         Plaintiffs filed an Objection to the Order to Show Cause on December 7, 2017 (Doc. 23). Plaintiffs argue that filing restrictions are inappropriate, because their pleadings and motions are not frivolous. They further argue that the Bankruptcy Court and this Court are corrupt or biased, and therefore the judgments against them should be overturned. The record does not reflect any fraud on the court or bias on the part of the courts. The Court finds that these objections are not well-taken, and therefore, are overruled.

         For the reasons stated in the Memorandum Opinion and Order (Doc. 21), and the Order to Show Cause (Doc. 22), IT IS ORDERED that the following filing restrictions shall become effective immediately as of the date of the filing of this order:

         Plaintiffs are PERMANENTLY ENJOINED from filing any pleadings or motions in the United States District Court for the District of New Mexico, or in the United States Bankruptcy Court for the District of New Mexico, related to the subject matter of their existing or prior lawsuits in these federal courts, including (but not limited to):

• filings related to their investment in Vaughan Company, Realtors (“VCR”);
• the VCR bankruptcy case and any related litigation, including the fraudulent transfer litigation;
• court rulings, including rulings from the Bankruptcy Court, stemming from the VCR litigation;[2]
• any alleged corruption, bias, or fraud by any party in connection with with the VCR bankruptcy case, including but not limited to judges, the trustee, counsel, and state or federal agencies.[3]

         (collectively, the “Subject Matter”).

         To file a pleading or motion on the above Subject Matter, they must comply with the following conditions:

         1. The Plaintiffs must be represented by a licensed attorney of record authorized to practice in federal district court or bankruptcy court for this district. The attorney must certify that, based on his/her review of the Plaintiffs' complaint, it states a cause of action sufficient to sustain scrutiny under Fed.R.Civ.P. 12(b)(6), and meets pleading requirements of Fed.R.Civ.P. 8 and factual predicate requirements of Fed. R. Civ.P. 11. Thus, if the Plaintiffs are represented by counsel who makes this required certification, the proposed complaint will be received and filed.

         2. Alternatively, if the Plaintiffs seek to proceed as pro se litigants on the above Subject Matter, they must comply with the following:

a. By a separate affidavit, along with a proposed complaint, to the clerk of this Court or the Bankruptcy Court, the Plaintiffs must demonstrate that the action is commenced in good ...

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