Previously sanctioned for frivolous claims, man tries to sue bank again

By Michelle Massey, East Texas Bureau | Mar 4, 2010

TYLER - Although previously sanctioned for filing frivolous claims against a bank, Thomas Miller claims he was unfairly discriminated against by the county court and has now filed the same lawsuit in federal court.

Acting as his own attorney, Miller, doing business as Miller House Movers, filed suit against Texas Star Bank, Robert H Hynds, Tohnie Hynds and J. Don Gordon on Feb. 25 in the Eastern District of Texas, Tyler division.

Miller believes Collin and Grayson counties are prejudiced toward pro se litigants and are only seeking to "cover-up" the bank's acts of fraud prior to his bankruptcy.

The lawsuit alleges claims against the defendants of fraudulent liens, embezzlement and a Chapter 11 bankruptcy case filed by Miller, all of which occurred in the 1980s and 1990s and are the subject of other lawsuits and proceedings previously dismissed.

Miller states that the police would not investigate his claims and was told the Federal Bureau of Investigation would not investigate unless the district attorney initiated the case. Miller also sees this is the officials "all decided to cover this fraud up for the bank."

At the county level, the case was closed as Miller did not comply with the rules of procedures. The Texas Appeals Court upheld the county's order of dismissal.

U.S. District Judge Leonard Davis has referred the case to Magistrate Judge Judith K. Guthrie.

Case No 6:10cv0062

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