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Suspended lawyer warned against ‘frivolous’ pleadings

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A federal judge has warned a suspended attorney to stop filing frivolous motions in an unsuccessful suit alleging police misconduct against the city of Gary and other defendants.

Former attorney Robert M. Holland III of Gary represents himself in litigation in the U.S. District Court, Northern District of Indiana naming Gary defendants as well as various Lake County officials. Originally filed in 2010, the court has since granted summary judgment to all defendants, and the judgments have been affirmed by the 7th Circuit Court of Appeals.

Holland asked for the judgment to be set aside under Federal Rule of Civil Procedure 60 and also filed a request for ruling or status conference. Magistrate Judge Paul R. Cherry’s April 24 order, warned Holland he was on thin ice continuing to plead a case with a “long and convoluted history” that’s been decided against him.

“Plaintiff … again asks that summary judgment be granted in his favor. But there is no newly discovered evidence or change in the law governing these issues, and Plaintiff has not identified any error of apprehension by the Court. Plaintiff’s motions are hence both denied. Indeed, both motions are frivolous and wholly without merit,” Cherry wrote.

“Plaintiff, who is a former attorney, should know better. This Court’s time is precious and should not be wasted. The Court thus warns Plaintiff that any further frivolous filings may result in the Court holding him in contempt of court.”

Holland was suspended in 2009 for collecting unreasonable fees, misuse of client trust funds and accusing an opposing attorney of bribing a judge, among other violatons.

The case in the Northern District of Indiana is Robert Holland v. City of Gary, 2:10-CV-454.
 
 

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