The opinion of the court was delivered by: EDUARDO C. ROBRENO
Presently before me are eleven separate complaints filed by Mr. Joseph Mallon. For the reasons that follow, each of the complaints will be dismissed as frivolous pursuant to 28 U.S.C. § 1915(d). I also find that Mr. Mallon, unless restrained, will continue to abuse the judicial process by filing additional frivolous actions. I will, accordingly, issue a permanent injunction, under the All Writs Act, 28 U.S.C. § 1651, precluding Mr. Mallon from filing further actions without prior approval from this Court.
Mr. Mallon, acting pro se and in forma pauperis, filed the eleven complaints now before me during a period from October 8, 1992 to October 16, 1992.
After reviewing the complaints and various other materials submitted to the Court by Mr. Mallon in connection with these lawsuits, I issued a temporary restraining order ("TRO") on October 26, 1992. The TRO precluded Mr. Mallon, for a period of ten days, from filing additional lawsuits without prior approval of the Court. The TRO was based on my finding that Mr. Mallon was "intentionally abusing the judicial system and [would] continue to do so unless restrained . . . ." October 26 Memorandum and Order, 1992 U.S.Dist. LEXIS 16620, p. 4.
That same date, I also scheduled a hearing for November 3, 1992 on whether the injunction imposed by the TRO should be made permanent. Finally, on that same date I appointed Mr. Herbert G. Keene, Jr., Esquire, of the law firm of Stradley, Ronon, Stevens & Young, to represent Mr. Mallon's interests on the question of whether a permanent injunction should issue.
Mr. Keene and Mr. Mallon appeared at the November 3, 1992 hearing, and the Court heard argument from both. Mr. Mallon also submitted various exhibits for the Court's review. At the conclusion of the hearing, finding that the circumstances that initially justified the TRO had not changed, I ordered that the TRO be extended for an additional ten day period. See Fed.R.Civ.P. 65(b). After consideration of the memorandum submitted by Mr. Keene, the argument of both Mr. Keene and Mr. Mallon, and, most importantly, the pleadings and other papers submitted by Mr. Mallon, I now dismiss the complaints as frivolous under 28 U.S.C. § 1915(d). I also find that the injunction imposed by the TRO should be made permanent.
The Court will dismiss as frivolous each of the eleven complaints now pending. I attach hereto an Appendix describing each of the eleven cases. A review of the case descriptions in the Appendix demonstrates the clear frivolity of Mr. Mallon's actions; for purposes of this Memorandum, a summary will suffice.
Most, if not all, of the complaints involve an entity that has not "dealt with" or "regarded" Mr. Mallon. It appears as if Mr. Mallon has previously sent many of the defendants various communications, and that the defendants have ignored them. Mr. Mallon, for example, has sued Harvard Law School, claiming that various communications that he has written to Harvard were sent back. Mr. Mallon claims that he has performed various other unspecified "law work" that Harvard "has a duty to deal with . . . ."
In another suit, Mr. Mallon has sued Ms. Chrissie Hynde, a well known rock music performer and leader of the rock band called "The Pretenders." Mr. Mallon alleges that Ms. Hynde is his wife, and he brings claims against her on the grounds that she doesn't "communicate" with him, that she is "too far away," and that she is not "doing her part." Mallon has also sued, in separate actions, The Pretenders and Ms. Hynde's parents, claiming, inter alia, that they did not "deal with" communications from Mr. Mallon. Other defendants sued by Mr. Mallon include the President of the United States and "the People of England." In connection with his various complaints, Mr. Mallon has also submitted various "songs" that he has written, as well as assorted essay-type documents such as "President Joseph Mallon's Wednesday, August 7, 1991 Presidential Speech Dealing With Marijuana and Drugs," "President Joseph Mallon's Monday, September 16, 1991 Presidential Speech Dealing With Important Music Matters," "President Joseph Mallon's Wednesday, October 16, 1991 Presidential Speech Dealing With Rock and Roll," and "Some Dreams I, GOD, President Joseph Mallon, Had Involving My Wife, Chrissie (Hynde) Mallon."
Suffice it to say that the complaints are quite devoid of any merit. A complaint may be dismissed as frivolous under 28 U.S.C. § 1915(d) if it "lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325, 109 S. Ct. 1827, 104 L. Ed. 2d 338 (1989). "The term 'frivolous,' when applied to a complaint, embraces not only the inarguable legal conclusion, but also the fanciful factual allegation." Id. To conclude that Mr. Mallon's complaints are factually "fanciful" is an understatement.
Further, insofar as true factual averments can be culled from the complaints, Mr. Mallon has, to a large extent, alleged simply that the various defendants have failed to communicate with him. No circumstances have been plead which could possibly create in the defendants a duty to communicate with Mr. Mallon. Accordingly, all the complaints lack an arguable basis in both law and fact, and will be dismissed pursuant to § 1915(d).
It is well accepted that the All Writs Act, 28 U.S.C. § 1651(a), authorizes district courts to, among other things, restrict the access to federal courts of parties who repeatedly file frivolous litigation. See Abdul-Akbar v. Watson, 901 F.2d 329, 332 (3d Cir.), cert. denied, U.S. , 111 S. Ct. 237 (1990). The Third Circuit has approved the issuance of "an injunction to require litigants to obtain the approval of the court before filing further complaints." Id. An injunction that limits a party's access to the court, however, "is an extreme remedy which must be narrowly tailored and sparingly used." Id. (quotation and citation omitted).
Mr. Mallon's appointed counsel
sets forth three significant arguments in opposition to the issuance of a permanent injunction. First, counsel argues that the reported cases approving an injunction of the type now at issue generally involve situations in which the plaintiff ignores principles of res judicata by repeatedly seeking to relitigate claims that were already the subject of litigation in which a final judgment has been entered. Counsel correctly notes that the Court's proposed injunction, in contrast, would preclude Mr. Mallon from filing any action without court approval, regardless of whether the action related to a previously filed claim.
It is indeed true that injunctions against future filings have often been drafted so that they serve only to preclude relitigation of claims relating to issues that had previously been decided. See, e.g., In re Matter of Packer Avenue Associates, 884 F.2d 745 (3d Cir. 1989); Harrelson v. United States, 613 F.2d 114, 116 (5th Cir. 1980). The Third Circuit, however, has not required that injunctions designed to restrict court access be limited in such a fashion. To the contrary, this Circuit has stated that a broader injunction may be issued in appropriate ...