In this order, we consider whether to impose a pre-filing injunction against a pro se litigant who has engaged in a practice of vexatious litigation. On April 7, 2017, this Court issued a Rule to Show Cause against Dora L. Adkins (“Adkins” or “Petitioner”), directing her to show cause why she should not be prohibited from filing any future pro se petition for appeal, or other pleading in this Court, without first obtaining leave of court. The underlying case is only the latest in a string of frivolous lawsuits initiated by Adkins as a pro se litigant. Pro Se Plaintiff Adkins is a habitual plaintiff against various hotels in the Northern Virginia area. She has over 14 lawsuits filed for identical problems, situations, and issues at the hotels, and she seeks the same remedies in each case. Pro Se Plaintiff Adkins continues to misuse the legal system and has filed Petitions for Appeal to multiple appellate courts on numerous occasions prior to this one.
Since 2009, Adkins has filed 27 petitions for appeal in this Court, with six of those petitions filed in 2016 alone. Adkins has also filed 21 petitions for rehearing. Additionally, Adkins has filed at least 41 pro se civil actions in the circuit courts of Northern Virginia, including 20 cases in the Circuit Court of Fairfax County, 17 cases in the Circuit Court of the City of Alexandria, and four cases in the Circuit Court of Arlington County. Adkins’ complaints contain
baseless allegations predicated on her belief that she is being intentionally subjected to noxious fumes, poisoned by food she consumes at restaurants, and defrauded by various retail workers and hotel proprietors.
Petitioner claims that these groups of individuals and corporations
have somehow conspired to cause her the injuries she now alleges. And estimates that number of persons that have conspired against her to total approximately 3,500.
Through her behavior over the past eight years, Adkins has unduly burdened opposing litigants and interfered with the administration of justice. Although we have never granted any of her petitions for appeal or petitions for rehearing, this Court has expended significant judicial resources in docketing, reviewing, hearing oral argument, and disposing of Adkins’ frivolous petitions. Furthermore, Adkins has subjected dozens of innocent individuals and entities to the cost of defending against her meritless claims both in the trial courts and on appeal. In Switzer v. Switzer, 273 Va. 326, 641 S.E.2d 80 (2007), we discussed“various restrictive measures [available] in dealing with litigants who have filed repeated frivolous appeals.” We observed the widely-recognized practice in other jurisdictions of a “leave of court” requirement in which litigants are required to obtain permission from the court before filing other cases or appeals. Applying the Fourth Circuit’s four-factor Cromer test to this case, we find that Adkins has a history of (1) filing duplicative, vexatious lawsuits, (2) without any objective good faith basis, and (3) at the expense of the court system and opposing parties. With respect to the fourth factor, the adequacy of alternative sanctions, although monetary sanctions could be ordered pursuant to Code § 8.01-271.1, they would not prevent Adkins from filing future pleadings. This Court’s objective is not to punish Adkins financially, but rather to protect Virginia citizens and business from the harassment and expense of unfounded litigation and also to preserve valuable judicial resources. For these reasons, imposing a pre-filing injunction appears to be the only appropriate sanction. In order to prevent Adkins from continuing to file frivolous petitions for appeal, we find it necessary to impose a pre-filing injunction against Adkins in this Court. Accordingly, Adkins shall be prohibited from filing any petition for appeal, motion, pleading, or other filing without (1) obtaining the services of a practicing Virginia attorney, whose filings would be subject to Code 8.01-271.1, or (2) obtaining leave of Court to file any pro se pleading.