Callihan v. Commonwealth
Docket: No. 01-6555
Court: Court of Appeals for the Sixth Circuit; June 12, 2002; Federal Appellate Court
Walter CaUihan appeals the dismissal of his civil rights action under 42 U.S.C. § 1983 by a district court, which he claims was improperly removed to federal court and resulted in sanctions against him. He sought monetary and injunctive relief against several state court judges and prosecutors from Greenup County, Kentucky, alleging a conspiracy to violate his civil rights through criminal charges for state tax evasion. The district court dismissed the case, finding CaUihan had failed to state a claim, imposed a $500 sanction, and barred him from filing future lawsuits on the same matter without court approval. In his appeal, CaUihan argues the district court improperly allowed removal of the case, wrongly precluded him from future filings, and should have recused itself due to bias. However, the appellate court unanimously finds that oral argument is unnecessary and denies his motion for recusal and transfer, explaining that disqualification requires evidence of personal bias, which CaUihan did not provide. The appellate court notes that CaUihan did not challenge the dismissal or sanction on appeal, rendering those issues abandoned. His argument regarding the removal to federal court is deemed waived due to lack of substantive argumentation. Additionally, his claim of bias is dismissed because he failed to raise this issue in the district court. The court affirms the district court's injunction against CaUihan, citing his extensive history of frivolous litigation and previous warnings about sanctions. The court concludes that such pre-filing restrictions are warranted for individuals with a pattern of vexatious lawsuits. Thus, the appellate court affirms the district court's judgment.