Cardello-Smith v. Combs
5:24-cv-12647
| E.D. Mich. | Jun 30, 2025Background
- Plaintiff Derrick Lee Cardello-Smith sued Defendant Sean Combs in the Eastern District of Michigan; judgment was entered against Cardello-Smith and the case was dismissed on January 22, 2025.
- Following dismissal, Cardello-Smith repeatedly filed duplicative, frivolous, and sometimes allegedly fabricated or forged documents, despite multiple court warnings.
- Plaintiff filed several post-judgment motions, including motions to vacate the dismissal, motions for evidentiary hearings, motions for sanctions, and a motion to disqualify the judge for alleged bias.
- Plaintiff's notice of appeal and motions for extension of time to file an appeal were untimely, and he failed to provide proper evidence or good cause for delay under applicable rules.
- Defendant moved for sanctions and pre-filing restrictions due to Plaintiff's repeated abusive litigation conduct; amici (local officials) supported Defendant's motion.
- The Court imposed pre-filing restrictions on Plaintiff, struck abusive filings, denied Plaintiff's motions, and granted the Defendant's motion for sanctions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disqualification of Judge | Judge is biased/favoring Defendant, based on adverse rulings and not hearing oral arguments | Plaintiff failed to show extrajudicial bias; only disagrees with rulings | Motion denied; no evidence of bias outside judicial actions |
| Extension of Time to Appeal | Delay caused by prison transfer and mail issues; claims timely mailing | Motions and appeal were untimely; no proper evidence of timely filing or good cause | Motions denied; no excusable neglect or good cause; rules not met |
| Sanctions Against Plaintiff | Plaintiff followed orders; multiple filings were due to mail concerns | Plaintiff repeatedly ignored warnings, filed duplicative/frivolous/forged documents, harassed parties | Defendant's motion granted; pre-filing restrictions imposed, filings stricken |
| Sanctions Against Defendant | Defendant allegedly forged documents against Plaintiff | Plaintiff's claims unsupported by law or fact; denies any wrongdoing | Plaintiff's motion denied; no basis for sanctions against Defendant |
Key Cases Cited
- Bowles v. Russell, 551 U.S. 205 (timely notice of appeal is mandatory and jurisdictional)
- Chambers v. NASCO, Inc., 501 U.S. 32 (court's inherent authority to impose sanctions for bad faith)
- Filipas v. Lemons, 835 F.2d 1145 (prefiling restrictions permissible for vexatious litigants)
- Feathers v. Chevron U.S.A., Inc., 141 F.3d 264 (court may restrict filings based on pattern of frivolous litigation)
- Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380 (excusable neglect standard explained)
- Houston v. Lack, 487 U.S. 266 (prison mailbox rule: pro se inmate’s filing date is date of delivery to prison authorities)