Free Order to Show Cause - District Court of Delaware - Delaware


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Date: May 25, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1:07-cv-00236-JJF Document 5 Filed 05/23/2007 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IVAN L. MENDEZ, :
Plaintiff, ;
v. ; Civ. Action No. 07-236-JJF
THIS CRIMINAL ORGANIZATION, ;
Defendants. E
SHOW CAUSE ORDER
At Wilmington this éégy day of May, 2007,
Plaintiff Ivan L. Mendez (“Mendez”), an inmate at the
Delaware Correctional Center, has engaged in filing numerous
lawsuits that contain frivolous legal arguments and that are
vexatious and abusive of the judicial process. These lawsuits
relate to his underlying criminal conviction of first degree
robbery and possession of a deadly weapon during the commission
of a felony. Plaintiff’s Application For A Writ Of Habeas Corpus
Pursuant To 28 U.S.C. § 2254 was denied by this Court as time-
barred on November 30, 2005. Mendez v. Carroll, Civ. Action No.
04-1409-JJF (D. Del. Dec. 4, 2005). Since December 21, 2006,
Mendez has filed four lawsuits in this District Court all related
to his underlying criminal conviction and habeas corpus
Application. Mendez v. This Criminal Organization, Civ. Action
No. 06—780—JJF; Mendez v. Pennsylvania State, Civ. Action No. 06-
794—JJF; Mendez v. This Criminal Organization, Civ. Action No.
07—I62—JJF; and the present case, Mendez v. This Criminal

Case 1:07-cv-00236-JJF Document 5 Filed 05/23/2007 Page 2 of 3
Organization, Civ. Action No. O7—236—JJF. In all of the
Complaints in these cases, Plaintiff makes reference to his
criminal cases and appears to seek copies of numerous and sundry
documents.
In the past Mendez filed several frivolous lawsuits, and as
a result, in his most recent filings he has been denied leave to
proceed ge fegme pauperis and has been ordered to pay the $350.00
filing fee. gee 28 U.S.C. § l9l5(g) (inmate required to pay
filing fee when he has three or more times in the past, while
incarcerated, brought a civil action or appeal in federal court
that was dismissed as frivolous, malicious, or for failure to
state a claim upon which relief may be granted). Plaintiff has
yet to pay any filing fee. Moreover, the Court has reviewed the
Complaints in the four listed cases and none of them state a
claim upon which relief may be granted. Indeed, they are
frivolous, as the allegations are unspecified and wholly
irrational.
THEREFORE, Plaintiff Ivan Mendez is hereby ORDERED to show
cause, in writing, on or before June 11, 2007, why he should not
be enjoined from filing, without prior authorization of this
Court, any complaint, lawsuit, or petition for writ of mandamus,
related to Mendez v. Carroll, Civ. Action No. 04-1409-JJF (D.
Del. Dec. 4, 2005), Mendez v. This Criminal Organization, Civ.
Action No. 06—780—JJF, Mendez v. Pennsylvania State, Civ. Action
.. 2 -

Case 1:07-cv-00236-JJF Document 5 Filed 05/23/2007 Page 3 of 3
No. 06—794—JJF, Mendez v. This Criminal Organization, Civ. Action
No. 07—l62—JJF, and Mendez v. This Criminal Organization, Civ.
Action No. 07—236—JJF. or any other related cases, including, but
not limited to actions against the states of Pennsylvania and
Delaware, the District of Columbia, and This Criminal
Organization.
ED s ¤· -DIsTRIcT J G1-I
.. 3 -