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Rodriguez-Isona v. Rendell

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


April 17, 2008

EDWARD RODRIGUEZ-ISONA, PETITIONER
v.
GOVERNOR EDWARD G. RENDELL AND JEFFREY A. BEARD, RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 17th day of April, 2008, upon consideration of the report of the magistrate judge (Doc. 5), recommending that the petition be dismissed as frivolous and malicious, to which objections were filed (Doc. 9), and, following an independent review of the record, it appearing that "[t]he abusive practice of prisoners filing baseless liens and/or UCC financing statements for the purpose of harassment and credit impairment of the alleged debtor (almost always a state or federal official involved with securing the prisoner's incarceration) is well documented," Hudson v. Caruso, No. 05-0032, 2007 WL 2363308, at *5 (W.D. Mich. Aug. 16, 2007); see also Monroe v. Beard, No. 05-4937, 2007 WL 2359833, at *2-3 (E.D. Pa. Aug. 16, 2007) (providing a concise explanation of commercial law schemes and redemption theory), and the court finding that the petition in the instant case qualifies as just such an abusive practice,*fn1 and that the petition is, therefore, frivolous and malicious, see 28 U.S.C. § 1915(e)(2)(B)(i) ("[T]he court shall dismiss the case at any time if the court determines that . . . the action . . . is frivolous or malicious."), it is hereby ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 5) is ADOPTED.

2. The claims against defendants Governor Edward G. Rendell and Jeffrey A. Beard are DISMISSED. See 28 U.S.C. § 1915(e)(2)(B)(i).

3. Any appeal from this order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).

4. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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