Lanners-Ford v. State of Minnesota

Background

Lanners-Ford filed a notice seeking to move Minnesota juvenile-court case No. 27-JV-19-1016 from Hennepin County Juvenile Court to the U.S. District Court for the District of Minnesota. This was her third attempt to move that proceeding to federal court. The court had remanded the proceeding after her two earlier attempts and had explained that removal was not proper. The court had also told her that challenges to actions in the juvenile-court case would have to be brought through a separate complaint rather than a notice of removal.

The court noted that the latest filings were difficult to follow and did not make clear whether Lanners-Ford was the plaintiff or defendant in the juvenile-court proceeding. The court said that issue did not change the result: if she was the state-court plaintiff, she had no authority to remove the case; if she was the state-court defendant, the filings still did not establish a basis for removal. The court specifically stated that diversity jurisdiction and federal-question jurisdiction did not exist, and that references to federal issues such as due process did not make removal proper.

Documents suggested that Lanners-Ford also sought to assert claims for Weston Alan Lanners, Sr. Because he did not sign the notice of removal or other filed materials, and because a nonlawyer cannot represent another person in litigation, the court treated Lanners-Ford as the only plaintiff. The court also stated that additional defendants could be added only through an amended pleading and that the Clerk had removed parties not listed as defendants in her pleadings.

Filing restriction

The court said federal courts may impose reasonable restrictions on litigants who repeatedly file frivolous or abusive matters. It considered Lanners-Ford’s three attempts to remove the same juvenile proceeding, her failure to follow prior explanations, the duplication of her filings, the burden on the court, and whether lesser sanctions would be adequate.

The court concluded that the record warranted considering a limited filing restriction. Under that proposed restriction, Lanners-Ford would need permission from the presiding district or magistrate judge before filing any new action in the District of Minnesota seeking to remove juvenile-court case No. 27-JV-19-1016. The court gave her 14 days to show cause—meaning to explain why the restriction should not be imposed. The order stated that the restriction would be imposed if she failed to respond within that period.

Disposition

The court remanded the action to Hennepin County Juvenile Court. It denied Lanners-Ford’s application to proceed without paying filing fees as moot. It also ordered her to show cause within 14 days why the proposed filing restriction should not be imposed. The order did not yet impose the restriction.