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United States District Court for the Western District of Texas San Antonio Division Case 5:09-cv-00588-XR Document 4 Filed 08/10/09 Page 1 of 18 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION HOLLI LUNDAHL § a/k/a Holli Telford, § § Plaintiff, § v. § CIVIL ACTION NO. § ALBERT HAWKINS, § SA-09-CV-0588 XR Commissioner for the Dept. of Health and § Human Services for the State of Texas; § ANDREW ARNOTT, § LENORE LOPEZ, § AMANDA MATRAVERS, and § DOES EMPLOYEES of the Utah Dept. § of Health and Human Services; § ACCOUNTING OFFICIAL FOR BOP § in Austin, Texas; § USA; and § SONJA SORENSON, § § Defendants. § REPORT AND RECOMMENDATION TO: Honorable Xavier Rodriguez United States District Judge This report and recommendation recommends dismissal of this case and sanctions. Previously, the district judge referred to me plaintiff Holli Lundahl’s motion to proceed in forma pauperis (IFP).1 The motion includes a request for appointment of an attorney. In considering the motion, I observed that this case should be dismissed under 28 U.S.C. § 1915(e) and that Lundahl abuses the judicial system. Section 1915(e) provides for sua sponte dismissal of an IFP proceeding if the court finds 1Docket entry # 1. Case 5:09-cv-00588-XR Document 4 Filed 08/10/09 Page 2 of 18 that the complaint “is frivolous or malicious” or “fails to state a claim upon which relief may be granted.”2 This provision permits the court to dismiss those claims whose factual contentions are clearly baseless.3 Dismissal of a claim as frivolous is appropriate where the claim lacks an arguable basis either in law or in fact.4 Similarly, it has been held that the “district court may dismiss an action on its own motion under Rule 12(b)(6) [of the Federal Rules of Civil Procedure] ‘as long as the procedure employed is fair.’”5 Analyzing the merits of a plaintiff’s claim in a report and recommendation and giving the plaintiff an opportunity to object to the recommendation is a fair process for dismissing a case. Lundahl’s litigation history. Lundahl is a vexatious litigant.6 Several courts have placed Lundahl under filing restrictions—the United States Supreme Court, the United States Court of Appeals for the Ninth Circuit, the United States Court of Appeals for the Tenth Circuit, the Supreme Court of Utah, the United States District Court for the District of Utah, and the 228 U.S.C. § 1915(e). See Newsome v. E.E.O.C., 301 F.3d 227, 232 (5th Cir. 2002) (affirming dismissal of pro se plaintiff’s Title VII claim under section 1915(e)); Gant v. Lockheed Martin Corp., 152 Fed. App’x 396, 397 (5th Cir. 2005) (affirming dismissal of non-prisoner’s claim under section 1915(e)). But see Allen v. Fuselier, No. 01-30484, 2001 WL 1013189, at *1 (5th Cir. 2001) (determining that section 1915(e)(2)(B)(I) & (ii) do not apply to an INS detainee because he is not a prisoner under the Prison Litigation Reform Act and then affirming the dismissal of the detainee’s claim under Fed. R. Civ. P. 12(b)(6)). 3See Schultea v. Wood, 47 F.3d 1427, 1434 (5th Cir.1995). 4See Neitzke v. Williams, 490 U.S. 319, 325 (1989); McCormick v. Stalder, 105 F.3d 1059, 1061 (5th Cir.1997). 5Bazrowx v. Scott, 136 F.3d 1053, 1054 (5th Cir. 1998). See Carroll v. Fort James Corp., 470 F.3d 1171, 1177 (5th Cir. 2006) (explaining that the “district court may dismiss a complaint on its own for failure to state a claim” so long as a fair procedure is employed). 6Civil Action 08-036-BLG-RFC, Order Dismissing Pl.’s Complaint (D. Mont. May 9, 2008), p. 5. 2 Case 5:09-cv-00588-XR Document 4 Filed 08/10/09 Page 3 of 18 United States District Court for the District of Idaho.7 In the one of the first filing-restriction orders, United States District Judge Dee Benson, District of Utah, found “Lundahl’s conduct abusive of the judicial process,”8 stating that between 1989 and 2004 Lundahl had filed or been a party to 28 cases, many of which were determined to be “wholly without merit, frivolous and harassing.”9 Judge Benson observed that the Supreme Court of Utah described Lundahl as having “managed to embroil herself in more litigation in just a few short years than one would think humanly impossible.” On July 8, 2004, Judge Benson imposed filing restrictions. In the District of Idaho, United States District Judge Richard Tallman described Lundahl’s litigation history as follows: Because the record now before this Court shows beyond cavil that Lundahl’s litigation activities have been both numerous and abusive, the Court finds that Lundahl is a vexatious litigant and her litigation activities are in fact abusive, harmful, and intended to harass and annoy both the parties she names in her lawsuits and the entire judicial system she purports to invoke. Both the number and content of the filings indicate the harassing and frivolous nature of Lundahl’s claims. Lundahl has a lengthy history of targeting the same defendant and any party previously associated with her lawsuits, including judges, clerks, and attorneys, in each of her subsequent actions. When Lundahl is subject to an adverse determination in one court, she simply moves to a new forum to pursue the same claim.10 Judge Tallman enjoined Lundahl “from filing any further action, pleading, or letters in [the 7Civil Action 08-036-BLG-RFC, Order Dismissing Pl.’s Complaint (D. Mont. May 9, 2008), p. 5. See also Lundahl v. Eli Lilly & Co., 544 U.S. 997 (2005) (“As petitioner has repeatedly abused this Court’s process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and petition submitted in compliance with Rule 33.1.”). 8Civil Action 2:2005-CV-00253, Order (D. Utah July 8, 2004). 9Id. 10Lundahl v. Nar Inc., 434 F. Supp. 2d 855, 859-60 (D. Idaho 2006) (emphasis added). 3 Case 5:09-cv-00588-XR Document 4 Filed 08/10/09 Page 4 of 18 District of Idaho] in any civil matter without first obtaining leave of the Chief United States District Judge.”11 Despite these restrictions, Lundahl continued to file frivolous, harassing lawsuits, moving from forum to forum.12 Lundahl’s new forum is Texas. The new forum resulted from Lundahl’s detention at the Federal Medical Center Carswell in Fort Worth, Texas. That detention arose from an October 2006 indictment charging Lundahl with seven counts of bankruptcy fraud.13 Because Lundahl had “filed more than 250 lawsuits and appeals in the federal and state courts in 11Nar Inc., 434 F. Supp. 2d 855 at 861. 12See Civil Action 02:2005-CV-2382 (Lundahl sued Los Angeles Home-Owners Aid, Bankruptcy Judge Sheri Bluebond, and numerous others in C.D. Cal.; case dismissed for lack of prosecution); Civil Action 02:2005-CV-2541 (Lundahl appealed bankruptcy decision involving Los Angeles Home-Owners Aid in C.D. Cal.; case dismissed for lack of prosecution); Civil Action 02:2005-CV- 3809 (Lundahl appealed bankruptcy decision in C.D. Cal.; case dismissed for failure to prosecute); Civil Action 01:2008-CV-0036 (Lundahl sued the United States of America, the Internal Revenue Service, the Bureau of Prisons and 30 other defendants in D. Mont.; claims against Montana defendant dismissed for failure to state a claim; other claims dismissed for improper venue; the Ninth Circuit characterized Lundahl’s appeal as “so insubstantial as to not warrant further review”); Civil Action 03:2008-CV-1877 (Lundahl applied for a writ of habeas corpus in N. D. Tex. to challenge criminal charges pending in the District of Utah; court observed that Lundahl was sent to the Federal Medical Center in Fort Worth, Tex., for neurological and psychiatric examination; case dismissed for lack of jurisdiction because Lundahl was not detained in Fort Worth at the time she filed her petition); Civil Action 03:2008-CV-1990 (Lundahl sued 33 defendants in N.D. Tex.; considering Lundahl’s motion to proceed IFP, the magistrate judge observed that Lundahl is “no stranger to the civil justice system” and recommended denying Lundahl’s application); Civil Action 04:2008-CV-3786 (Lundahl sued the United States of America, Los Angeles Home-Owners Aid and 74 other defendants in S.D. Tex.; case dismissed as frivolous under 28 U.S.C. § 1915(g) and as duplicative of allegations and claims that were extensively and unsuccessfully pursued in numerous other lawsuits); Civil Action 3:09-mc-00002 (order denying Lundahl’s motion to proceed IFP in the S.D. Tex., stating that Lundahl has filed more than 60 cases in six states and over 80 appeals in federal court, and explaining that Lundahl’s false imprisonment claims are precluded by her conviction); Civil Action 03:2009-CV-0174 (application for writ of habeas corpus filed in the N.D. Tex.; case dismissed as moot because Lundahl was released from custody). 13Criminal Action 2:06-CR-00693-001, Order Finding Def. Incompetent to Stand Trial, (D. Utah Dec. 8, 2008), p. 2. 4 Case 5:09-cv-00588-XR Document 4 Filed 08/10/09 Page 5 of 18 three states, California, Utah and Idaho, naming judges, court clerks, law firms and elected officials as defendants,”14 and because Lundahl exhibited “a particularly strong paranoia of the ‘government,’”15 the government asked the court to order Lundahl to undergo a competency examination before permitting Lundahl to represent herself at trial. The court granted the motion and the Bureau of Prisons (BOP) sent Lundahl to the Federal Medical Center Carswell for psychiatric and neurological testing.16 In the meantime, Lundahl was also charged with three counts of perjury.17 After two and a half years in detention and several evaluations, Chief Judge William Downes, District of Wyoming — other district judges having recused themselves — determined that Lundahl was incompetent to stand trial.18 Chief Judge Downes reported that Lundahl had been diagnosed as possessing obsessive/compulsive personality disorder with narcissistic traits ans delusional disorder, persecutory type.19 Chief Judge Downes found that Lundahl’s “delusions are persecutory in nature and specifically revolve around the [Elli] Lilly conspiracy, including the involvement of her counsel and the entire judicial system.”20 14Criminal Action 2:06-CR-00693-001, Mot.
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