Professional Documents
Culture Documents
Muathe-Complaint-Jack-Burr-Letter-Richard-Smith-KCJQ-O5042016 - POSTED PDF
Muathe-Complaint-Jack-Burr-Letter-Richard-Smith-KCJQ-O5042016 - POSTED PDF
The Commission only has authority to investigate allegations of judicial misconduct or disability by
persons holding state judicial positions. The Commission has no jurisdiction over and does not
consider complaints against federal judges, lawyers, law enforcement and detention center officers,
district court clerks, and court personnel.
The Commission does not act as an appellate court and cannot review, reverse, or modify a legal
decision made by a judge in a court proceeding. Please review the accompanying brochure which
describes the functions of the Commission. Note in particular the examples of functions which the
Commission cannot perform.
Please Note: Complaint form must be typed or legibly hand-printed, dated, and signed before it
will be considered. Complaint forms may be submitted by U.S. Mail or scanned
and submitted bye-mail.
muathedotcom@gmail.com
E-mail address
Preferred Method of Communication: __ U.S. Mail L E-Mail
II. JUDGE AGAINST WHOM COMPLAINT IS MADE
Page I 1
ill. COURT CASE INFORMATION
Please see attached letter copied to Judge Jack Burr and Kindly treat it as a judicial complaint
against Judge Jack Burr.
I request that you review this complaint through the prism of your commission's 2007 annual
report.
The Kansas Commission on Judicial qualifications published on its 2007 annual report an
example of conduct found to be improper by stating: "A judge, who following an alternative
procedure which resulted in pro se pleadings being returned unfiled, was publicly ordered to
cease and desist from establishing procedures which prevent filing of pleadings with the clerk
of the court".
Page I2
May 4th, 2016
On Monday May 2nd, 2016 I received your "Order on Pending Motions" dated April
28th, 2016. Additionally, on Monday May 2nd, 2016 I received a Journal Entry from your
attorney, Stephen Phillips, in Crawford County Case Number 2015-cv-79P styled Eric
Muathe, et al. vs. Judge Kurtis Loy, et al. (where you are also a Defendant).
As per the filing restrictions now ordered by Judge Jack Burr after a hearing on April
18th, 2016 in Crawford County Case Number 2015-cv-79P, Inow have to ask an unknown
third party if this letter can even be made part of the Court file in this case. It is also my
understanding, as per Judge Jack Burr's instructions, that it is not up to you to decide
whether this letter can be filed or not since you are a Defendant in the case, and the one
who asked for and was granted filing restrictions against me, and four other individuals.
With these filing restrictions the whole procedural process is now very confusing.
The other pressing question here is; DOES JUDGE JACKBURR HAVE
In your April 28th, 2016 order you stated; "that pertains to case number 2015-CV-
79p and has nothing whatsoever to do with the instant matter, 2014-CV- 80 6P (sic)". I
don't understand. Does that mean that the filing restrictions you were granted in case
number 2015-cv-79p have nothing to do with this case even though you specifically,
knowingly, asked for and were granted across-the-board blanket filing restrictions for any
and all cases, and for any and all pleadings Ihave filed, retroactively, since September 28th,
2015 onwards???
Because of the wording on the proposed Journal Entry (which is attached to this
letter) in Crawford County Case No. 2015-cv-79P (again, where you are also a Defendant)
it seems the filing restrictions you asked for and have been granted by Judge Jack Burr
against me (and 4 other individuals) are intended to be across the board and somehow
retroactively effective as of September 28th, 2015 when you filed your motions for
sanctions and deliberately designed to encompass any and all pleadings of any kind that I
might have already filed and would like to file in the future in any Kansas District Court -
Page 2 of 32
I have filed pleadings since September 28th, 2015 in this very case. All pleadings
have been proper yet since I did not ask for leave of Court to file these pleadings I would
now be found to be in contempt of court. This is a very serious issue. This also means the
recent Motion for Continuance which I had faxed to the Clerk of the Court and which you
granted did not follow the new retroactive filing restrictions guidelines. Given the late
notice of hearing; how, and who, would I have requested for a review if I could file a mere
Motion for Continuance due to an unexpected death of a family friend? How long would it
have taken to review this and given the time constraints at the time how would this have
I am totally confused and don't understand how to proceed since this completely
changes long established rules of civil procedure, severely prejudices me in defending this
case and clearly gives an advantage to the Plaintiff since they now don't have to respond to
any pleading I file until ordered by the Courtj"Pleadings Reviewer" while denying my
I also object to the sanctions you now have against me, and more so because I
believe you cannot afford me a fair trial in this matter. Most reasonable people once
brought up to speed on the facts and circumstances around the case will find that you
is grounded in facts that would create reasonable doubt concerning the Court's
impartiality, not in the mind of the Court itself, or even necessarily in the mind of the
litigant filing the motion, but rather in the mind of a reasonable person with knowledge of
Page 3 of 32
the circumstances." The issue is the appearance to a reasonable person with knowledge of
all circumstances. Such a person might well question the ability of a Judge to be impartial
under the circumstances". Smith v. Printup, 262 Kan. 587, 1997, at Syl. 8
Ialso have to state that you are also damaging me since Inow have to spend more
time, effort and money making sure Ihave a record of all the pleadings Isend you by being
forced to use certified mail. You are also monetarily damaging me because Ihave been
forced to hire an attorney to handle some of my legal matters due to the filing restrictions
I am now scared to file anything (even though the right to petition and freedom of
speech - verbal or written - are federally protected rights) due to fear of being found in
contempt for having a legal opinion, approach, theory, or claim this Court or an unknown
What, and where, is the properly laid out process to ask for a review of any denial to
have a pleading made part of the court record? Can Iask for a reconsideration? Who should
Iappeal to and what is the process involved? How would Igo about asking for a review of
any filing denial? Would Ihave to ask someone else to review if Ican ask for a review? In
other words would Ihave to come up with yet another pleading to ask if Ican even get an
opportunity for a review of the initial reviewer's filing denial? Who would that be sent to?
What are the timelines for a response when a review is requested? What happens if the
As a defendant in the case and also given that you requested and were granted filing
restrictions you cannot now also be the one to review whether any pleading Iwould to like
Page 4 of 32
file should be allowed. How many judges are assigned to this case? I don't understand how
to proceed. Keep in mind that Ihad filed a "Motion For Judge Richard Smith to Withdraw
Sanctions Motion" which you ordered in your April 28th, 2016 "Order on Pending Motions"
that "SAID PLEADING STICKEN FROM THE COURT FILE AND REMOVED BY THE
CLERK."
Can I even directly request the clerk of the Court for an order, pursuant to Supreme
Court Rule 113, for a 14- day extension* to file an answer and or counterclaim without first
asking for permission? And who would Iask for this permission? Would the request be
made part ofthe Court file? Would the "Pleadings Reviewer's" reply be made part ofthe
Court file? Would this request to file also include oral arguments? If not, why? What is the
procedure to ask for a review of any denial to file a pleading? What jurisdiction would this
reviewer have over cases they are not assigned to? How long would they take to respond?
What happens if the response allowing or disallowing me to file for an extension (as an
example) is not done in a timely manner? How would time standards now be calculated
given that Ihave to ask to even file a pleading - irrespective of what the pleading is? Where
is the due process??? How can this be a fair and level playing field for all sides involved?
time, automatic extension from the clerk of the district court. The party seeking the
extension must prepare an order for the clerk's signature, and serve copies of the signed
Why am Ibeing prevented from directly contacting the Clerk of the Court?
Page 5 of 32
I WOULD LIKE TO FILE FOR A REQUEST TO EXTEND MY ANSWER DATE BY 30
(THIRTY) ADDITIONAL DAYS. THE CURRENT DUE DATE IS SET FOR MAY 12TH, 2016.
BECAUSE OF FILING RESTRICTIONS I DON'T KNOW WHO AND HOW I SHOULD ASK TO
What authority or law can be used to justify the notation that a litigant should have
their hands tied behind their back, in a legal fight, and that should they want to proceed
could only do so with an attorney? Conversely, where did the legislature intend for citizens
ofthis state/country to only proceed to have their day in Court only if they procured the
services of an attorney? Doesn't the annual report published by the Kansas Commission on
Judicial Qualifications in 2007 show that a Kansas Judge was ordered to cease and desist
from imposing filing restrictions on a Pro Se litigant? See attached Exhibit? Aren't the Judge
Jack Burr filing restrictions not a "copy and paste" job of the very proposed filing
restrictions guidelines** that were rejected in late 2014? What about the issue of
retaliation and violation of Supreme Court Rule 223 as seen in the Kansas Supreme Court's
constitutional rights of individuals to have access to the courts, said Edward Bouker, a
district court judge serving Ellis, Gove, Rooks and Trego counties and a member of the state
committee. "The guidelines do not propose a blanket restriction on any party with a history of
http: ((m.cjonline.com (news (state 12014-12 -28 (kansas-courts- weigh -response- frivolous-
litigants#gsc.tab=O
Page 6 of 32
The transcript of the hearing held on April 18th, 2016 in Case Number 2015-cv-79P
by Judge Jack Burr asked your attorney, Stephen Phillips, to identify a third party agreeable
to all sides in the case who would now be reviewing whether or not we could proceed with
using the court system by requesting beforehand whether or not we could file any pleading
or law suit. In his attached proposed Journal Entry your attorney, Stephen Phillips,
completely ignored those instructions and now we are obviously confused as how to
proceed.
I am not sure if the Plaintiff in this very case wants it to be marred with due
process issues and risk a higher Court ordering a new trial - down the timeline.
I have copied Judge Jack burr in this matter and your attorney, Stephen Phillips, so
Help! How do I proceed without knowing what the "new" rules of procedure are and
how is it not a conflict of interest for you to now have sanctions against me and yet be a
The right of petition is expressly set out in the First Amendment:"Congress shall
make no law ... abridging ... the right of the people ... to petition the Government for a
Page 7 of 32
In 1983, the Supreme Court's opinion in Bill johnson's Restaurants, Inc. v.
NLRB set out the principle that "the right of access to the courts is an aspect of the First
Board, the high court, though not ruling on First Amendment grounds, nevertheless noted
that it had long viewed the right to sue in Court as a form of petition.
"We have recognized this right to petition as one of the most precious of the
liberties safeguarded by the Bill of Rights," Justice Sandra Day O'Connor wrote for the
Court, "and have explained that the right is implied by the very idea of a government,
republican in form."
O'Connor further observed that the First Amendment petition clause says
nothing about success in petitioning - "it speaks simply of the right of the people to
that the person or panel making the final decision over the proceedings be impartial in
regards to the matter before them. Goldberg v. Kelly, 397 U.S. 254, 267 (1970).
Or, to put it more simply, where an individual is facing a deprivation of life, liberty,
or property, procedural due process mandates that he or she is entitled to adequate notice,
the question of whether a judge should recuse himself or herself from a case. Specifically,
the Supreme Court has ruled that in certain circumstances, the due process clause of the
actual conflict of interest. For example, on June 8, 2009, in Caperton v. A. T. Massey Coal Co.
(2009), the Court ruled that a justice of the Supreme Court of Appeals of West Virginia
could not participate in a case involving a major donor to his election to that court. Jess
Bravin and Kris Maher (Iune 8, 2009). "Justices Set New Standard for Recusals". The Wall
settle disputes is a civil duty that is protected by federal and state constitution. Access to
the Courts is also protected by constitutions of the Federal government, the state of Kansas,
and also by Common law. For Kansas see K.S.A 2203001(c) and K.S.A 60-1206(a).
report an example of conduct found to be improper by stating: "A judge, who following an
alternative procedure which resulted in pro se pleadings being returned unflled, was
publicly ordered to cease and desist from establishing procedures which prevent
filing of pleadings with the clerk of the court". See attached Exhibit.
Page 9 of 32
As per the filing restrictions you now have against me I can't even file an answer in
this case without first requesting permission - from an unknown third party - to do so and
attaching the proposed pleading. But my answer draft is not ready at this point. What do I
As per the filing restrictions you now have against me I can't even file any
counterclaim in this case without first requesting permission - from an unknown and yet to
be identified third party - to do so and attaching the proposed counterclaim. Do I now have
to include an affidavit stating that any counterclaim has merit? How will that affect the due
date for filing a counterclaim? Since the Plaintiff did not file an affidavit stating that this
petition was not unmeritorious why should I now be forced to ask for permission to file a
counterclaim? What do I do and how will it affect the statutorily calculated due dates to file
any counterclaim?
A simple ruling that the filing restrictions do not apply to this case might help
clarify things.
Who should I send pleadings for review to? Should I copy the request to you too?
Should I copy the request to the Plaintiffs attorney - even though as per your filing
restrictions the opposing litigant need not even bother responding to any pleading I file
until ordered by the Court - or more accurately until ordered by the third party reviewer?
Should I copy the clerk of the Court so the clerk of the Court can make a notation that a
review was requested (otherwise where would the record that a review was requested be
kept as is the norm)? Should I copy Judge Jack Burr even though he is not assigned to this
case? How do I perfect an appeal down the road when the record does not fully contain all
Page 10 of32
the pleadings in the case? What is the need to burden other district judges by asking them
Since you requested the sanctions and your attorney filed and was granted the
sanctions on your behalf I would also imagine you can now clarify the procedure I am to
use, and also indicate how things like due dates are to be considered given that I now have
to take extra steps and get permission first before filing anything in any Kansas Court.
I request that the Clerk of the Court be allowed - by the unknown reviewer of this
letter - to make this letter part of the court file with acknowledgment / confirmation from
the Clerk of the Court that it has been made part of the Court file.
Sincerely,
Eric M. Muathe
1410 Bitner Terrace, Pittsburg, Kansas, 66762.
Page 11 of 32
TN THE DISTRICT COURT OF CRAWFORD COUNTY, K!.\NSAS
TAKE OnCE that on this 28th day of April, 2016 that pursuant to Supreme Court
Rule 170, a cop)' of this Notice and the attached proposed Journal Entry was served upon Pro Se
Pro Se Plaintiffs and counsel of record shall, within fourteen (14) days after service is
made, serve on the coun el preparing said Journal Entry any objections in writing. At the
expiration of the time for serving objections, counsel preparing said Journal Entry will submit
the original, together with any objections received, to the judge. A copy of Rule 170 is also
attached.
Page 12 of 32
Respectfully submitted,
Page 13 of 32
CERTIFICATE OF SERVICE
Thi . is to certify that a copy of the above and foregoing was served by depositing same in
the United Stales Mail, first class po tage prepaid, the 28th day of April, 2016, to:
Page 14 of 32
IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS
I
ERIC M. MUATHE, et at., )
)
Plaintiff, )
)
VS. ) Case No. 15-CY -79P
)
HONORABLE KURTIS LOY, et al., )
)
Defendants. )
)
Now on this 18th day of April, 20]6, this matter comes before the Court on all pending
motions.
Defendants Kurtis Lay, Andrew J. Wachter, Robert J. Fleming, Lori Fleming, Jeffry L.
Jack, Oliver Kent Lynch (District Court Judges for the Eleventh Judicial District), Janice D.
Russell, Richard M. Smith, John E. Sanders (Senior District Court Judges), Stanton A. Hazlett
Kansas Attorney General Derek Schmidt appear by and through counsel Stephen Phillips,
Defendants Kansas Commission all Judicial Qualifications Panel HA" and Panel "B"
Defendant Michael Gayoso appears by and through James Emerson, Crawford County
Counselor.
Plaintiffs do not appear. The Court finds that Plaintiffs were given adequate and proper
notice of this hearing, with notice served February 24, 2016, with said Notice stating that the
Attachment A
Page 15 of 32
hearing would take up "all pending motions." Plaintiffs filed <I Motion for Continuance on April
2,2016, to which defendants responded all Apri I 8, 2016, asking that a continuance be denied.
The COUlt did not and does not grant a continuance, and proceeds to consider the case.
Plaintiffs also served on April 2,20]6, a Motion for Change of Judge. Plaintiffs,
however, by not appearing at this hearing have waived their right to a hearing under K.S.A. 20-
311d. Moreover, K.S.A. 20-311 f limits the time for filing a motion for change of judge to
"within seven days after receiving written notice of the judge before whom the case is to be
heard." This judge has been assigned to this case since August 13,2015. The Court finds
Plaintiffs later sought to withdraw this motion, the Court finds that the Motion is in substance a
notice of voluntary dismissal under K.S.A. 60-241 (a)(1). "[Wlhen a document seeking dismissal
is filed within the time frame set out in K.S.A. 60-241 (a)(l), it wiil operate as an automatic
dismissal of the action upon filing." Smith v. State, 22 Kan. App.2d 922, 926 (1996). This
matter was, therefore, dismissed without prejudice on March 17, 20J 6, and the Court in its
Defendants Loy, Wachter, Fleming, Fleming, Jack, Lynch, Russell, Smith, Sanders,
Hazlett, Grillot, and Schmidt have pending a Motion for Sanctions, brought pursuant to K.S.A.
60-211, in which they seck filing restrictions against Plaintiffs. In Cooter & Cell v. Hartmorx
Corp., 496 U.S. 384, 398 (1990), the U.S. Supreme Court concluded that "petitioner's voluntary
dismissal did not divest the.District Court of jurisdiction to consider respondents' Rule 11
motion." In an unpublished decision, the Kansas Court of Appeals adopted Cooter in, Ireland v.
Byrne, No. J 01 ,739,2010 WL 348287 (Kan. App. 20 I0). The Court, therefore, finds that
Page 16 of 32
Defendants' Motion for Sanctions is properly before this Court despite Plaintiffs' voluntary
The Court then takes under consideration Defendants' Motion for Sanctions. The Court
first takes note that Plaintiffs do not appear to oppose the motion. Muathe, Day, King, Beckley,
behalves, purported to bring this case as a class action on behalf of signators of a grand jury
motions, Pro Se Litigants' Petition and subsequent pleadings in this matter are utterly frivolous.
They have obviously not done even a modicum of meaningful legal research, and have utterly
failed to attempt to meet any of the pleading or procedural requirements for a class action. This
case is harassment of the defendants. For most of the Plaintiffs, this is not their first venture into
harassing litigation. Below is a summary of some of the more abusive cases involving these
litigants. Copies of some pleadings from these cases were attached as Exhibit 1 to the Motion
for Sanctions, and this Court takes judicial notice of them. I These cases contain frivolous
pleadings, repeated motions to disqualify judges, and references to the UCC and sovereign
citizenship. When several of the cases were resolved, the judges. imposed sanctions, including
filing restrictions within those individual cases. Several were stricken from the public record due
to abusive content. Many of Muathe's pleadings contain "sovereign language." On at least two
occasions Muathe filed suit against a judge who was presiding over a case, then used that suit as
J This is not an exclusive list of all cases filed by or against Pro Se Litigants.
Page 17 of 32
1. Cases involving Eric M. Muathe:
IOSC134P, Muathe v. Routhnieir Sterling lnc.: Muathc sued the company for
violating debt collection practices, but voluntarily dismissed after a "voluntary out
of court settlement" was reached. Muathe included language in his voluntary
dismissal notice, "Comes now, Plaintiff, Eric M. Muathe@ WITH ALL RIGHTS
RESERVED, WITHOUT PREJUDICE-UCC 1-207 (KSA 84-1-207) UCC 1-308
(similar to KSA 84-1-308) and UCC 1-103.6, Sui Juris ..."
1OSCi51 P, Muathe v. Berman & Rabin: Muathe sued collection attorneys for
"making false and misleading representations." The case was originally
dismissed on 12-2-10 by Pro Tern Judge Fielder for lack of jurisdiction. Then, on
12-6-10 Muathe wrote a letter to J. Fielder, alleging conflicts of interest and
threatening judicial complaint. On the same day, Muathe filed a motion for
disqualification. The case was reopened and reassigned. On 5-31-11 there was a
court trial; however, Muathe refused to be sworn in. Also all 5-31-11, Muathe
filed an objection to "assembly line scheduling" using the language Eric M.
lvTuathe@ WITH ALL RIGHTS RESERVED, etc. "a sovereign conscious free
being" with the UCC citations again. On 6-23-11, the Court issued a
memorandum opinion finding "Mr. Muathe had filed his claim against the law
firm in bad faith and for the purposes of harassment." The Court awarded
$2,397.50 in attorney fees to defendants.
11SCGOP, Muathe v. Young, Williams CSE: Muathe sued the child enforcement
agency for "damages caused by frivolous claims leading to financ ial injury,
character defamation, public humiliation and more importantly, undue emotional
stress and mental anguish" seeking $3,900 damages. Muathe used a UCC
signature again. On 6-9-11 both parties appeared and the case was dismissed with
prejudice. Muathe wrote a letter to Judge Nuss on 6-10-11 re: Pro tern Judge Rick
Smith.
12LM356P, Fifth Third Bank v, Muathe: Muathe was sued for debt related to a
vehicle. This case had multiple judges due to motions to disqualify from Muathe.
Below' is a timeline, showing tho repeated frivolous motions by Muathe to avoid
final judgment:
Case was transferred from Johnson County, KS to Crawford County, KS.
9-6-13 Muathe Motion to Disqualify Judge Wachter
Page 18 of 32
9-23-13 Order granting Motion for Disqualification
9-26-13 Assigned to Division 5.
11-19-13 Muathe Motion for Disqualification of Judge
1-3-14 Order denying Motion for Di qualification. Judge Lay remains on case.
1-16-14 Muathe Motion for Disqualification of Judge and Affidavit in Support
1-21-14 Letter Order denying Motion for Disquali fication. Judge Lay remain on case.
1-31-14 Muathe Second Motion for Disqualification of Judge Due to New Information
1-31-14 Muathc Objection to All Proposed Scheduling
2-6-14 Muathe Second Motion (really fourth) for Disqualification of Judge Due to New
Information Plus Affidavit in Support
2-7-14 Muathc Motion to Vacate All Orders and Rulings
2-1 1-14 Memorandum and Order Denying Motion for Disqualification
2-24-14 Muathe Notice of Appeal
3-13-14 Muathe "Letter Pursuant to Kansas Supreme Court Rule 162:, to Justice Nus,
J ustice Johnson"
4-1-14 Muathe Motion for Change of Venue
5-5-14 Muathe otice of Hearing/Notice of Commencement of a Federal Quiet Title
Action
7-10-14 Memorandum and Decision disposing of multiple pending motions, denying
Defendant's motions and granting Plaintiffs replevin/possession.
7-18-14 Muathe Motion to Strike Memorandum and Decision
7-18-14 Muathe Objection to Memorandum and Decision
7-18-14 Muathe Motion for Disqualification of Judge (fifth motion to disqualify Lay,
sixth overall)(alleges he sued Lay the day before in 14CV75P) Lay recuses.
7-18-14 Muathe Notice of Appeal
8-11-14 Assigned to Judge Lynch
8-2 J -14 Muathe Motion to Object to Judicial Assignment
J 0-6-14 Muathe "Mandatory Judicial Notice" requesting judicial notice of various
records concerning conflicts of interest (Judge Loy)
I 0-9- J 4 M uathe Motion for Stay of Enforcement of Judgment
11-21-14 Memorandum and Ruling by Judge Lynch that denies multiple pending motions
of Defendant.
I J -26-[4 Muathe Notice of Appeal
11-26-14 Muathe Motion for Reconsideration, Request for Oral Arguments, Stay of
Enforcement of Judgment
12-1- J 4 Muathe Objection to Memorandum and Ruling
12- J -14 Muathe Second Motion for New Trial Due to New Evidence
12- J -J4 Muathe Motion for Disqualification of Judge (seventh overall)
12-3-14 Muathe Motion to Vacate All Judge Lynch Orders and Rulings
J 2- J 1-14 Muathe letter to Judge Lynch, accusing him of various ethical violations, copies
to Chief Judge Wachter, Departmental Justice #4, Commis ion on Judicial Ethics, Chief
Justice Lawton Nuss, Mark Werner
1-26-15 Muathe Second Motion to Vacate All Judge Oliver Kent Lynch Orders
1-26-15 Muathe Motion for Plaintiff to Post Bond or in the Alternative to Return thc
Subject Matter Vehicle
1-26-15 Muathe Objection to Writ of Execution Order and Procedure
Page 19 of 32
1-26- 15 M uathe Motion for Determination of Economic Conflict of Interest (requesting
ruling that attorney Marii!0.lVerner and Judge Lay have economic conflicts of interest)
Lynch recu es.
2-20- 15 Judge Russeli assigned.
4-29-15 Muarhc Motion for Disqualification of Judge (eighth overall)
5-7-15 Muathe Motion for Disqualification of Judge Plus Affidavit in Support (ninth
overall)
6-5-IS Motion for Disqualification Granted.
6-17-15 Judge Smith assigned.
7- I-IS Journal Entry on Post-Trial Motions, denying all Defendant's Illations, and
ordering sanction of filing restrictions in that case.
7-9-\5 Muathe Post-Void Order Motion for Reconsideration
7-10- 15 Order Denying Post-Trial Relief and Limiting Further Pleadings in that case.
J 2SC90P, Muathe v, Berman & Rabin: Muathe sued collections attorneys for
violation of FDCPA 2. Muathe wrote to Pro Tern Judge Maradeth Frederick
wanting a new judge. The case was dismissed for lack of jurisdiction and
improper venue.
13CV 47P, Kasey King, Noah Day, Mike King, Eric Muathe, Julie Stover, Lester
Moore v, Crawford County District Court: Muathe and others sued the Court for
public humiliation and embarrassment, slander, libel, age discrimination, equal
protection, due process, false advertising, political discrimination. Page 3 of the
complaint contains "sovereign citizen" language. Monetary demand was for
$SOO,OOO. The case was dismissed on 7-31-13.
14CV28P, Muathe v, Wells Fargo BankNA: This small claims appeal was
dismissed by Judge Smith and lots of post-trial motions were filed by Muathe.
The Court eventually restricted filing of future pleadings ill the case as a
sanction.
14CV7SP, Muathe v, Lay, Wachter, Fleming, Fifth Third Bank, Law Office oj
Mark Werner, Thompson Coburn LLP, Mark A. Werner. David Mangian: 22
page petition and attachments for relief in the form of quo warranto. Allegations
were of various contlicts of interest and requested a restraining order that
Wachter, Lay and Fleming can never hear his cases, and that the vehicle replevin
action in 12LM356P be stayed. On 5-13-15 the case was dismissed without
prejudice on merits.
Page 20 of 32
financial disclosure late, and other ethical complaints related to church, boards,
etc.
14SC2P, Muathe v. Wells Fargo Bank NA et al: Muathe sued for clouding his
title related to mortgage. Dismissed on 2-14-14 in favor of defendant after
hearing.
J 5MR2P, Muathe, Day and King v. Lay, et 01. Petition against many of the
defendants in this case making many of the same allegations. Petition sought a
grand jury. Case sealed after being dismissed.
Federal D. Kan. 14-2207, Muathe v. Fifth Third Bank, et 01. Muathe, in a fifty-
page Complaint, sued twenty-two defendants over the repossession of his car.
The federal court dismissed for failure to meet pleading requirements, stating:
12CV79P King v, Experian: appeal from II SC148P. As part of his appeal, King
filed for writ of mandamus against Judge Russell and Small Claims Court and
filed an "Objection in the Nature of a Writ of EITOr."Case was dismissed with
costs against King. The Court noted, "Plaintiff is once again urged by the COUIi
to seek legal advice from competent counsel before filing cases pro se."
Page 21 of 32
3. Cases involving Noah Day (in addition to 15MR2P):
12CY 103P, Day v SRS et al: Day sued Crawford County District Court and SRS
claiming he was sexually abused while in foster care as a child many years ago.
Case dismissed on 8-28-12. Objection to Journal Entry overruled. 9-25-12
15SC71 P, Day v, Fleming: Day sued Judge Lori Fleming for "breach of contract"
over an email she allegedly sent frOI11her office to a radio station concerning ads
run by the station. Day was not the person who contracted for the ads. Case
pending.
15SC85P, Day v. Fleming: Day sued Judge Lori Fleming for slander over all
ernail she allegedly sent from her office (0 a radio station concerning ads run by
the station. Day was not the person who contracted for the ads and he was not
mentioned in the emails, Case pending.
14CV7P, Carlton v, Toby Miller et 01: Carlton sued over lost profits from Vapor
Stop business. Carlton ha filed multiple pleadings that were held to be "a nullity,
and inappropriate as they contained vile, abusive and threatening statements."
Pleadings stricken from record and public file.
Defendants ask the Court to impose sanctions pursuant to K.s_A. 60-211, which provides,
in relevant pan:
Page 22 of 32
knowledge, information and belief formed after an inquiry reasonable under the
circumstances:
(2) (he claims, defenses and other legal contentions are warranted
by existing law or by a nonfrivolous argument for extending,
modifying or reversing existing law or for establishing new law;
(c) Sanctions. If, after notice and a reasonable opportunity to respond, the court
determines that subsection (b) has been violated, the court may impose an
appropriate sanction on any attorney. Jaw firm or party that violated the statute or
is responsible for a violation committed by its partner, associate or employee. The
sanction may include an order to pay to the other party or parties that reasonable
expenses, including attorney's fees, incurred because of the filing of the pleading,
motion or other paper. A motion for sanctions under this section may be served
and filed at any time during pendency of the action, but must be filed not later
than 14 days after the entry of judgment.
The purpose of imposing sanctions under K.S.A. 60-211 is to deter repetition of conduct. Wood
v. Groh, 269 Kan. 420,430,7 P.3d 1163 (2000). Courts take the following factors into
consideration when determining whether (0 sanction a party and what kind of sanction to impose:
Page 23 of 32
rd. at 431. 'The district court has the discretion to determine what type of sanctions are
The Fourteenth Amendment provides a right of access to the courts. Bounds v. Smith, 430
U.S. 817 (1977). This right is neither absolute nor unconditional. A litigant has "no
constitutional right of access to the courts to prosecute an action that is frivolous or malicious."
Holt v. State, 290 Kan. 491, 500, 232 P .3d 848 (2010). Yet, "[ljitigiousness alone will not
support an injunction restricting filing activities." Tripati v. Beamani, 878 F.2d 351, 353 (I Qrh
Cir, 1989). Federal courts have recognized a court's inherent power to control the actions of
abusive litigants "by imposing carefully tailored restrictions in appropriate circumstances." Ford
v. Pryor, 553 F.3d 1174, I J 80 (10th CiL 2008) (citations omitted). Citing these Tenth Circuit
decisions, the Kansas Supreme Court has held that Kansas district courts have inherent power to
impose carefully tailored restrictions on abusive litigants in appropriate circumstances and has
authority to direct a district COUlt clerk to refrain from filing pleadings in such cases. Holt, 290
Kan. at 500-02.
The right of access to the CQUl1s is neither absolute nor unconditional and there is
no constitutional right of access to the courts to prosecute an action that is
frivolous or maliciolls.TIle goal of fairly dispensing justice ... is compromised
when the Court is forced to devote its limited resources to the processing of
repetitious and frivolous claims. No one, rich or poor, is entitled to abuse the
judicial process. We recognize that filing restrictions are a serious sanction and
that litigiousness alone is not a sufficient reason to restrict access to the court.
However, where, as here, a party has engaged in a pattern of litigation activity
which is manifestly abusive, restrictions are appropriate. Abusive and repetitive
filings cannot be allowed to strain the resources of the Kansas courts.
State ex rel. SIOHlIi 1'. Lynn, 26 Kan. App, 2d 79, 81-82 (1999) (internal quotations and citations
omitted 1.
The Court grants Defendants' request for sanctions. Plaintiffs have willfully filed
frivolous and repetitious pleadings intended to harass the defendants listed in this proceeding.
Page 24 of 32
As illustrated by the lengthy list of cases above, Plaintiffs' have engaged in similar conduct in
numerous other cases as well. Plaintiffs' behavior constitutes a pattern of activity intended to
harass and embarrass the individuals they sue, including the judges of the Eleventh Judicial
District. In addition, the volume of repetitive and frivolous pleadings has strained resources in
the Eleventh Judicial District and burdened the Office of the Clerk of the Crawford County
District Court. Defendants' request to impose sanctions is granted. While filing restrictions in
this case are clearly appropriate, as can be seen from other cases in which restrictions were
imposed, limiting such restrictions to this case alone will be insufficient to stop Pro Se Litigants
from filing further cases. Therefore, further sanctions are warranted and are hereby imposed as
follows:
2. Should Pro Se Litigants, proceeding pro se, seek to file further pleadings
in this case other than a Notice of Appeal, Pro Se Litigants shall submit
the pleadings to this Judge or such other Judge as may be legally
designated for review, and the clerk shall not file the pleadings unless and
until this Judge or designated Judge reviews them and certifies that they
are not frivolous and repetitive, Should further pleadings be filed in this
case, defense counsel shall not respond to them except upon order of the
court.
Page 25 of 32
a. a copy of this order or any subsequent orders related to filing
restrictions;
b. a copy of tbe proposed petition;
c. a notarized affidavit certifying that the claims have not been
previously asserted, the claims are not frivolous or made in
bad faith, and the claims comply with all civil and appellate
procedures and rules; and
d. a current list of all lawsuits currently pending or previously
filed with the court or any other Kansas court, including a list
of all parties in each case, a statement of the claims in each
case, and disposition of same if possible.
4. The tiling restrictions become effective as of the date Defendants filed this
Motion for Sanctions on September 28, 2015, All pro sefilings and cases
submitted by Pro Se Litigants after the date the Motion for Sanctions was
tiled will be subject to court screening,
Plaintiffs' Motion for Sanctions against Defendants is denied. All other motions pending
IT IS SO ORDERED.
Date
Page 26 of 32
Prepared and submitted pursuant to Rule 170 by:
Page 27 of 32
State of Kansas
Page 28 of 32
EXAMPLES OF CO. 'DI"Cr
FOt. '0 TO .BE I.MFROPER
A judge was found to have violated Canon 313(7} bv discussing a case with a family
member in order to obtain a professional medical opinion. The judge was cautioned to
refrain from discussing the merits of a pending proceeding outside the presence of the
parties.
«;
,-;judge,
.
who followed an alternative procedure 'which resulted in pro se pleadings being
, ~~~Irned unfiled, was publicly ordered to cease and desist from establishing procedures
COlll:..J
prevent filing of pi cad ings with the clerk of the
A judge, who had not signed an oath for each term of service, was informally advised to
sign an oath for each contractual term.
1\ judge who supplied process to a family member of the defendant instead of mailing
the material. was cautioned to follow proper procedure for obtaining service of process.
A judge 'was privately ordered to cease and desist from participating in ex parte
communications that deal with substantive matters or issues on the merits.
A judge, who serves as treasurer of a college house corporation, was cautioned about
being involved in rent collection.
A judge, who conducted a hearing without making a record and participated in a closed
meeting, was publicly ordered to cease and desist from conducting court proceedings
without making a record which assures the law has been follovved and high standards of
conduct maintained.
A judge was cautioned to refrain from conducting weddings for parties \\~10 appear
before the judge.
A judge was informal! r advised to follow Supreme Court Rule 2.04 which provides that
indigene)' determinations are made by the district court judge
2007 Anllu<ll.Report
Page 29 of 32
2
8'
':::ASE NO. 1.5SC7(t?
, ,
..•. !
PlaintLff,
1~ LO::'1 fLE~·ENG.,
1 t:
Pl.,'linti.£f,
18
1 <)
De-fen;"ilnt _
20
7RJ1.JSCRIPT CF
_--..c, _~__ ".""- i10nCNS
__ """""",,,," , "" _
"'.,
r.. 1
25
Page 30 of 32
:J
.e·'
.,
L
5 r.:be case.
.~
.J.
. ~e d i STT,i E;sed"
n
o
10
. -,
20
:1
22
23
24
75
Page 31 of 32
"~
1:
::'2
1:'
:'8
21 (~A3,-_Jl I 2016.
/?
~~r\~~" "\:s 1.r_.tL
SlL-.m,; ,] _ nr CG' i'-r.~
F'l~F:
'- __
~~CJ c~~nft·:) J a·!
CFfIC:;:K2 C:';·L):;l RP'.-:R""?~
25
Page 32 of 32