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Benson v. State

United States District Court, D. Nevada

October 23, 2017

THOMAS BENSON, Plaintiffs,
v.
STATE OF NEVADA, et al., Defendants.

          REPORT AND RECOMMENDATION

          NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE.

         Pending before the Court a motion for an order declaring Plaintiff Thomas Benson a vexatious litigant, filed by the LVMPD Defendants. Docket No. 82. Mr. Benson filed a response in opposition, Docket No. 98, and the LVMPD Defendants filed a reply, Docket No. 101.[1] For the reasons discussed more fully below, the undersigned RECOMMENDS that the motion be GRANTED and that Mr. Benson be DECLARED a vexatious litigant.

         I. BACKGROUND

         On June 8, 2016, Mr. Benson filed suit against numerous defendants based on allegations arising out of an alleged incident in May 2016, during which Mr. Benson was handcuffed. Benson v. Las Vegas Metropolitan Police Department, Case No. 2:16-cv-1268-RFB-PAL (D. Nev.). On January 10, 2017, that case was dismissed with prejudice. See Docket No. 55-2 (exhibit filed in this case of transcript of hearing in previous case). During the hearing in that case, the Court advised Mr. Benson that the dismissal of that case would prevent him from refiling his claims in a new action. See id.

         On February 10, 2017, Mr. Benson initiated this lawsuit against numerous defendants based on the same allegations arising out of the same incident in May 2016. See Docket No. 1 at ¶¶ 14-25. Throughout the course of this litigation, Mr. Benson has repeatedly filed documents purporting to be orders or other documents issued by a non-existent court:

• Docket No. 19 is entitled “Re: Cease and Desist” and purports to be an order making “Findings of Fact . . . and Conclusion of Law” enjoining Defendants. Docket No. 19 at 1, 9-10. That document bears a seal, is purportedly issued by “The Court, ” and is signed by Mr. Benson as “Attornatus Privatus” and “Marina Calove [as] Superior Court Judge.” Id. at 10 (emphasis in original).
• Docket No. 42 is entitled “Re: Writ Denying Defendants [sic] Motions” and purports to be an order making “Findings of Fact . . . and Conclusion of Law” denying motions that were filed by certain Defendants. Docket No. 42 at 1, 8-9. That document bears two seals, is purportedly issued by “The Court, ” and is signed by Mr. Benson as “Attornatus Privatus” and “Marina Calove [as] Superior Court Justice for the united States of America (continental).” Id. at 9 (emphasis in original).
• Docket No. 60 is entitled “Re: Writ of Contempt” and purports to be an order making “Findings of Fact . . . and Conclusion of Law.” Docket No. 60 at 1, 8. That document purports to be an order holding various defendants and “the judge/magistrate” in contempt. Id. at 10. That document bears two seals, is purportedly issued by “The Court, ” and is signed by Mr. Benson as “Attornatus Privatus” and “Marina Calove [as] Superior Court Justice for the united States of America (continental).” Id. at 10 (emphasis in original).
• Docket No. 69 is entitled “Re: Defendant's Motion to Quash Service and Dismiss” and purports to be an order denying motions that were filed by certain Defendants. Docket No. 69 at 1, 5-6. That document bears two seals, is purportedly issued by “The Court, ” and is signed by Mr. Benson as “Attornatus Privatus” and “Marina Calove [as] Superior Court Justice for the united States of America (continental).” Id. at 6 (emphasis in original).
• Docket No. 79 is entitled “Re: Writ of Denial” and purports to be an order denying certain matters before the Court. Docket No. 79 at 1, 7-8. That document threatens imprisonment and other sanctions against Defendants and their attorneys. Id. at 8. That document bears two seals, is purportedly issued by “The Court, ” and is signed by Mr. Benson as “Attornatus Privatus” and “Marina Calove [as] Superior Court Justice for the united States of America (continental).” Id. at 8 (emphasis in original).
• Docket No. 81 is entitled “Ruling and Judgment” and purports to be a final resolution of this case through which judgment is entered against Defendants for millions of dollars. Docket No. 81 at 1, 14-18. That document bears two seals, is purportedly issued by “The Court, ” and is signed by Mr. Benson as “Attornatus Privatus” and “Marina Calove [as] Superior Court Justice for the united States of America (continental).” Id. at 8 (emphasis in original).
• Docket No. 98 is entitled “Re: Writ Denying Defendants [sic] ‘Emergency' Motion” and purports to be an order denying the motion to declare Mr. Benson to be a vexatious litigant. Docket No. 98 at 1, 6. That document purports to find Defendants' attorneys to be impermissible foreign agents and purports to find that any liens obtained are proper. See Id. at 2, 5. That document bears a seal, is purportedly issued by “The Court, ” and is signed by Mr. Benson as “Attornatus Privatus.” Id. at 6 (emphasis in original).[2]
• Docket No. 121 is entitled “Writ of Error Qua Corum Nobis Resident” and purports to be an order admonishing certain attorneys representing Defendants for submitting arguments without being empowered to do so. Docket No. 121 at 1, 10-11. That document also purports to conclude that certain errors were made by the Court, including that the Clerk's Office and a magistrate judge are without power to strike documents filed on the docket. Id. at 10, 12-16. That document also purports to hold certain Defendants and counsel in contempt, rendering them required to pay a fine to Mr. Benson, and further purports to void the orders issued by the undersigned. Id. at 16-17. That document bears two seals, is purportedly issued by “The Court, ” and is signed by Mr. Benson as “Attornatus Privatus” and “Michaelene Jo [as] Chief Justice superior court of the united States of America (unincorporate).” Id. at 18 (emphasis in original).
• Docket No. 132 is entitled “Peoples [sic] Petite Jury Nevada . . . Ruling” and purports to be a jury verdict returned in Mr. Benson's favor. Docket No. 132 at 1. That document also purports to void an indictment against Mr. Benson and grant him various injunctive relief. Id. at 3. That document bears a seal, is purportedly signed by a “Jury Foreman” and El Paso County “Magistrate” ...

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