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Hairston v. Blackburn

February 12, 2010

SHAUNTEZ HAIRSTON, PLAINTIFF,
v.
XAVIER BLACKBURN; ANNETTE TIM; PHIL MCLAURIN; ANDREW BLAN- KEY; SEAN MCPEAK; MATTHEW SCOTT; RODNEY WILSON; KENNETH CLAYTON; AND "COLLINS," DEFENDANTS.



The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

Defendant Annette Tim has moved for an injunction against further filings or sanctions or both against Plaintiff Shauntez Hairston. (Doc. 80.) Tim seeks to enjoin Hairston from filing further documents without first obtaining the Court's permission based on the Court's inherent authority to manage litigation. Tim relies on Kolocotronis v. Morgan, 247 F.3d 726, 728 (8th Cir. 2001), which supports the Court's authority to restrict litigation when a frequent filer wastes judicial resources and burdens the Clerk's office with complaints that are often dismissed. Alternatively, Tim seeks sanctions in the form of monetary relief or dismissal of the action. Hairston opposes the motion. (Docs. 84, 86.)

Hairston's extensive litigation in this district challenges the conditions of his confinement at the Saint Clair County Jail. His efforts may be summarized as follows.

In Hairston v. St. Clair County Sheriff's Department, No. 07-CV-445-MJR-DGW (S.D. Ill. Jan. 25, 2010), two claims were identified during the screening process. Hairston was allowed to proceed on one claim; the other was dismissed with prejudice. Counsel was recruited to provide pro bono representation, and trial was scheduled for February 1, 2010. The Court dismissed Hairston's suit with prejudice as a sanction for his fraudulent conduct in connection with a witness affidavit.

In Hairston v. McCain, No. 07-CV-687-MJR-DGW (S.D. Ill. filed Oct. 1, 2007), Hairston is proceeding against seven parties on two claims. Counsel has been recruited to provide pro bono representation.

In Hairston v. Walker, No. 07-CV-704-DRH (S.D. Ill. Dec. 4, 2007), six claims were identified during the screening process. The action has been dismissed, with two of the claims dismissed with prejudice.

In Hairston v. Knapp, No. 08-CV-303-GPM-DGW (S.D. Ill. filed Apr. 22, 2008), Hairston was allowed to proceed on a claim against four defendants; another claim was dismissed with prejudice.

In Hairston v. Walker, No. 08-CV-362-GPM-DGW (S.D. Ill. filed May 19, 2008), claims against two defendants were dismissed with prejudice while claims against three others were allowed to proceed. Counsel has been recruited to provide pro bono representation.

In Hairston v. Cole, No. 08-CV-569-MJR-PMF (S.D. Ill. filed Aug. 8, 2008), Hairston was allowed to proceed on claims against fifteen defendants.

In Hairston v. Scott, No. 08-CV-0913-DRH (S.D. Ill. June 1, 2009), Hairston's claims against five defendants were dismissed without prejudice.

In Hairston v. McLaurin, No. 09-CV-0050-MJR (S.D. Ill. July 9, 2009), Hairston's claims against eight defendants were dismissed with prejudice.

In Hairston v. Tim, 09-CV-536-GPM (S.D. Ill. filed July 20, 2009), Hairston's proposed claims against multiple defendants are being screened pursuant to 28 U.S.C. § 1915A. A number of motions are pending.

In Hairston v. Blackburn, No. 09-CV-598-MJR-PMF (S.D. Ill. filed Aug. 6, 2009), defendant Tim removed Hairston's state court litigation to this Court. Hairston was allowed to proceed on ten out of twelve counts. Numerous motions are pending.

In addition to the multiple claims and cases, Hairston's motion practice has been excessive. Although a few motions have been granted, the vast majority have been denied or stricken. As an example, while Hairston was proceeding pro se in Hairston v. McCain, he filed seven motions pertaining to his Complaint before the screening process was completed. In January, his motion practice escalated. In Hairston v. Knapp, Hairston filed eight motions in just over two weeks, and in Hairston v. Cole, Hairston filed ten motions in just over two weeks. Notably, the Court's Order referring the present case to Magistrate Judge resolved 32 motions, most of ...


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