3:25-cv-00725•Riding Nigbur v. United States of America et al
Texte intégral
1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION LISA IRENE RIDING NIGBUR, Plaintiff, § § § § v. § § No. 3:25-cv-00725-D-BT UNITED STATES OF AMERICA, et al., Defendants. § § § § FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636(b) and Special Order 3, this pro se civil action was referred to the United States magistrate judge for case management, including the entry of findings and a recommended disposition where appropriate. Upon review of the relevant pleadings and applicable law, Plaintiff’s claims should be DISMISSED WITH PREJUDICE under 28 U.S.C. § 1915(e)(2)(B). I. BACKGROUND Lisa Irene Riding Nigbur, proceeding in forma pauperis, initiated this action by filing a lengthy document styled as a “Criminal Complaint with Commercial Affidavit.” ECF No. 3. Liberally construed, Nigbur alleges that various courts, clerks, and governmental entities violated her constitutional rights in connection with a civil proceeding arising from a state-court judgment entered against her in Texas. Case 3:25-cv-00725-D-BT Document 8 Filed 02/02/26 Page 1 of 11 PageID <pageID>
2 Nigbur’s allegations stem mainly from a monetary judgment entered in a breach-of-guarantee action, Delta Victor, LLC v. Lisa Irene Riding Nigbur, No. DC-23-3286 (95th Jud. Dist. Ct., Dallas Cnty).1 She references an August 17, 2023, order granting summary judgment and a subsequent order addressing disbursement of funds. See ECF No. 3 at 14-15. According to Nigbur, those proceedings resulted in the creation of negotiable instruments, securities, or other financial assets allegedly associated with the judgment or with funds deposited into court registries. Id. She also alleges that court personnel and related entities failed to disclose internal accounting records, improperly processed tendered payments, and failed to disburse funds to which she claims entitlement. Id. at 16- 18. Nigbur also references proceedings in Oregon and Arizona, which she characterizes as efforts to register or enforce the Texas judgment. She alleges that those proceedings likewise generated financial instruments or credits and that she was denied due process during hearings conducted in those matters. Id. at 15. Throughout her complaint, Nigbur describes herself as a “senior creditor” and characterizes courts, clerks, and depository institutions as debtors or intermediaries obligated to account for and disburse funds. Id. at 6-7. Her allegations rely heavily on citations to the Uniform Commercial Code (UCC), federal statutes governing deposits of court funds, and various criminal provisions. 1 The Court takes judicial notice of the state court docket sheet at Dallas County | Online Record Search (last accessed January 28, 2026). Case 3:25-cv-00725-D-BT Document 8 Filed 02/02/26 Page 2 of 11 PageID <pageID>
3 She also challenges the public availability of hearing recordings and asserts that failures to seal records or restrict access caused her harm. Id. at 7-10. Nigbur has recently filed other federal actions challenging aspects of the same underlying state-court proceedings. In one such case, the court dismissed her claims as frivolous and warned her about the filing of frivolous or jurisdictionally defective actions. See Riding Nigbur v. Oregon, No. 3:25-CV-709-S-BN, 2025 WL 1260652, at *2 (N.D. Tex. Mar. 27, 2025), rec. accepted Nigbur v. Oregon, No. 3:25-CV-0709-S-BN, 2025 WL 1260653 (N.D. Tex. Apr. 30, 2025). Nigbur has filed additional actions in this district that likewise resulted in dismissal for lack of subject-matter jurisdiction and warnings that if she “persists in filing frivolous or baseless lawsuits” she would be subject to sanctions. See Riding Nigbur v. State of Oregon, et al., No. 3:25-CV-0710-S-BK (N.D. Tex. Apr. 30, 2025); see also Riding Nigbur v. State of Arizona, et al., No. 3:25-CV-0711-X-BK (N.D. Tex. Sept. 25, 2025). The present complaint seeks judicial intervention based on Nigbur’s belief that courts and governmental entities unlawfully retained, concealed, or failed to disburse funds allegedly generated by state-court judgments or tendered instruments. The pleading does not identify a cognizable federal cause of action or specify relief that this Court can grant. II. LEGAL STANDARD AND ANALYSIS A. Screening Under 28 U.S.C. § 1915(e) Case 3:25-cv-00725-D-BT Document 8 Filed 02/02/26 Page 3 of 11 PageID <pageID>
4 Because Nigbur proceeds in forma pauperis, the complaint is subject to screening under 28 U.S.C. § 1915(e)(2)(B). Under this statute, a court must dismiss an in forma pauperis complaint if it “(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). A complaint is frivolous when it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). A court may dismiss a complaint as frivolous when it is based on an indisputable meritless legal theory or when the factual contentions are “clearly ‘baseless.’” Denton v. Hernandez, 504 U.S. 25, 32 (1992). A complaint fails to state a claim upon which relief can be granted if it does not plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citations omitted). Although pro se pleadings are liberally construed, a plaintiff must still allege sufficient facts to state a plausible claim for relief. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (pro se pleadings are “to be liberally construed,” and “a pro se complaint, however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.”); Cf. Fed. R. Civ. P. 8(e) (“Pleadings must be construed so as to do justice”). But conclusory allegations, unwarranted Case 3:25-cv-00725-D-BT Document 8 Filed 02/02/26 Page 4 of 11 PageID <pageID>
5 deductions of fact, and legal conclusions masquerading as facts are insufficient. Iqbal, 556 U.S. at 678. B. Plaintiff’s Allegations Are Frivolous and Fail to State Any Cognizable Federal Claim. Nigbur’s complaint consists largely of unintelligible assertions, pseudo-legal terminology, and sovereign-citizen-style theories asserting that state-court civil judgments generated negotiable instruments, securities, bonds, or other financial assets to which Nigbur claims entitlement as a self-described “senior creditor.” ECF No. 3 at 14-22. Liberally construed, Nigbur appears to contend that court registry deposits function as commercial transactions that create monetized instruments or credits, and that courts and related institutions act as financial intermediaries required to account for and disburse those funds. She also alleges that the court and governmental entities improperly created or used financial accounts tied to her identity, failed to disclose internal accounting, and mishandled or failed to recognize her purported “tender of payment” through self-created negotiable instruments to discharge any obligations she had. Id. Federal courts, including this Court, have uniformly rejected such theories. Claims asserting that debts are extinguished, judgments converted, funds are created through UCC filings, or similar redemptive concepts are consistently held as “indisputably meritless” and lacking any basis in law. See Hughes v. Shannon, No. 3:20-CV-0637-B (BT), 2021 WL 1093110, at *1 (N.D. Tex. Mar. 2, 2021), rec. accepted No. 3:20-CV-0637-B (BT), 2021 WL 1088440 (N.D. Tex. Mar. 22, 2021) (citations omitted); see also Brown v. Exeter Fin. LLC, No. 3:21-CV-00169-M-BT, Case 3:25-cv-00725-D-BT Document 8 Filed 02/02/26 Page 5 of 11 PageID <pageID>
6 2021 WL 4342336, at *4 (N.D. Tex. Aug. 27, 2021), rec. accepted sub nom. Brown v. Exeter Fin. LLC, No. 3:21-CV-00169-M-BT, 2021 WL 4319666 (N.D. Tex. Sept. 23, 2021) (dismissing a pro se complaint asserting sovereign-citizen theories based on UCC provisions, demands for “accounting,” securitization claims, and allegations that court proceedings discharged obligations or created enforceable securities); Neitzke v. Williams, 490 U.S. 319, 327-28 (1989) (claims based on “fantastic or delusional” legal theories are frivolous under § 1915); Gravatt v. U.S., 100 Fed. Cl. 279, 282 (2011) (summarizing history of “sovereign citizen” legal theories). Nigbur’s complaint spans dozens of pages, yet its allegations are internally inconsistent, legally incoherent, and premised on conclusory assertions untethered to any recognized legal framework. Courts are not required to sift through rambling pleadings or parse disjointed allegations in search of a viable claim where, as here, the complaint is grounded in legally invalid premises. See Iqbal, 556 U.S. at 678; Neitzke, 490 U.S. at 327-28. Even when Nigbur’s allegations are construed liberally, she identifies no statute creating a private right of action, no constitutional violation supported by factual allegations, and no plausible entitlement to relief. The UCC, criminal statutes, and federal laws governing the deposit of court funds do not create private rights of action, and do not override state-court judgments or convert judicial proceedings into commercial transactions. See Brown, 2021 WL 4342336, at *3- Case 3:25-cv-00725-D-BT Document 8 Filed 02/02/26 Page 6 of 11 PageID <pageID>
7 4; Gravatt, 100 Fed. Cl. at 283. Thus, her extensive reliance on those authorities does not transform her allegations into viable claims. Because Nigbur’s claims depend on legally invalid premises that have been repeatedly rejected by this Court and others, the complaint fails to state a claim upon which relief may be granted and is frivolous under 28 U.S.C. § 1915(e)(2)(B)(i)-(ii). C. The Court Lacks Subject Matter Jurisdiction, and Plaintiff Lacks Standing. To the extent Nigbur seeks to challenge, invalidate, or obtain financial relief arising from final state-court judgments entered in Texas, Oregon, or Arizona, this Court lacks subject-matter jurisdiction. Federal courts are courts of limited jurisdiction and must have statutory or constitutional authority to adjudicate a claim. See Home Builders Ass’n of Miss., Inc. v. City of Madison, 143 F.3d 1006, 1010 (5th Cir. 1998). These courts must therefore “presume that a suit lies outside this limited jurisdiction, and the burden of establishing federal jurisdiction rests on the party seeking the federal forum.” Howery v. Allstate Ins. Co., 243 F.3d 912, 916 (5th Cir. 2001). As a result, all federal courts have an independent duty to examine their own subject matter jurisdiction. See Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583-84 (1999) (“Subject-matter limitations . . . keep the federal courts within the bounds the Constitution and Congress have prescribed. Accordingly, subject-matter delineations must be policed by the courts on their own initiative even at the highest level.” (citations omitted)). Case 3:25-cv-00725-D-BT Document 8 Filed 02/02/26 Page 7 of 11 PageID <pageID>
8 Insofar as Nigbur seeks review, nullification, or financial consequences arising from final state-court judgments, such claims are barred by the Rooker- Feldman doctrine. That doctrine precludes federal district courts from exercising appellate review over state-court decisions. Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005) (determining that federal district courts lack authority to review or modify state-court judgments or to adjudicate claims that are “inextricably intertwined” with those judgments). Here, Nigbur’s alleged injuries stem directly from state-court judgments and related disbursement orders. Her attempt to recharacterize closed state-court civil proceedings as “foreign judgments,” commercial transactions, or negotiable instruments does not alter the jurisdictional analysis. Any determination that she is entitled to funds allegedly associated with those judgments would necessarily require this Court to review and reject state-court rulings, which it lacks the authority to do. Moreover, Nigbur repeatedly styles this action as a “criminal complaint,” and cites criminal statutes or enforcement provisions. ECF No. 3 at 24-34. Private litigants lack standing to initiate or compel criminal prosecutions, and decisions about criminal enforcement rest exclusively with prosecutorial authorities. See United States v. Davis, 285 F.3d 378, 383 (5th Cir. 2002). To the extent Nigbur seeks criminal investigation or enforcement, she lacks standing to pursue such relief, and those requests must be dismissed as a matter of law. Case 3:25-cv-00725-D-BT Document 8 Filed 02/02/26 Page 8 of 11 PageID <pageID>
9 III. SANCTIONS Sanctions may be appropriate when a pro se litigant has a history of submitting multiple frivolous claims. Mendoza v. Lynaugh, 989 F.2d 191, 195-97 (5th Cir. 1993); see also Whitehead v. Food Max of Miss., Inc., 332 F.3d 796, 802- 03 (5th Cir. 2003) (a violation of any provision of Rule 11(b) justifies sanctions). Pro se litigants have “no license to harass others, clog the judicial machinery with meritless litigation, and abuse already overloaded court dockets.” Farguson v. MBank Houston, N.A., 808 F.2d 358, 359 (5th Cir. 1986). Moreover, litigants who abuse the judicial process are “not entitled to sue and appeal without paying the normal filing fees -- indeed, are not entitled to sue and appeal, period.” Free v. United States, 879 F.2d 1535, 1536 (7th Cir. 1989). Nigbur has previously filed multiple federal actions challenging the same underlying state-court civil judgment. The court expressly warned Nigbur that continued filing of frivolous or jurisdictionally defective actions could result in sanctions, including restrictions on future filings. See Riding Nigbur, No. 3:25-cv- 709-S-BN; 3:25-CV-0710-S-BK; 3:25-CV-0711-X-BK. Despite those warnings, Nigbur has again filed another pleading asserting substantially similar theories that are unsupported by law or fact. The Court should find that Nigbur is a vexatious litigant and direct the clerk of the court not to accept any further actions from her unless she first obtains leave from a district or magistrate judge. See Mendoza v. Lynaugh, 989 F.2d 191, 195-97 (5th Cir. 1993); Fed. R. Civ. P. 11(b)(2) & (c)(1) (authorizing sanctions against pro se litigants). Case 3:25-cv-00725-D-BT Document 8 Filed 02/02/26 Page 9 of 11 PageID <pageID>
10 IV. LEAVE TO AMEND “Rule 15 is a liberal standard that favors leave, but that preference has no purchase when amendment cannot cure the defect.” Ellsworth v. Dallas Texas Dep't of Veteran Affs., --- F.4th ---, 2025 WL 3239806, at *5 (5th Cir. Nov. 20, 2025) (O'Connor); see also Sanders v. Deluxe, 2025 WL 3491013, at *3 (N.D. Tex. Nov. 14, 2025) (Rutherford, J.), rec. accepted, 2025 WL 3488340 (N.D. Tex. Dec. 4, 2025) (“Ordinarily, a pro se plaintiff should be granted the opportunity to amend her complaint prior to a dismissal.”) But leave to amend is not required when the plaintiff has already pleaded her “best case.” Brewster v. Dretke, 587 F.3d 764, 767-68 (5th Cir. 2009). Where, as here, a plaintiff continues to advance the same frivolous legal theories after prior dismissal and warning, amendment would be futile and cause needless delay. Nigbur’s complaint should be dismissed with prejudice. V. RECOMMENDATION For the foregoing reasons, the District Judge should DISMISS this case WITH PREJUDICE for failure to state a claim. See 28 U.S.C. § 1915(e)(2)(B). In addition, the Court should find that Nigbur is a vexatious litigant and direct the clerk of the court not to accept any further actions from her unless Nigbur first obtains leave from a district or magistrate judge. SO RECOMMENDED on February 2, 2026. ______________________________________ REBECCA RUTHERFORD UNITED STATES MAGISTRATE JUDGE Case 3:25-cv-00725-D-BT Document 8 Filed 02/02/26 Page 10 of 11 PageID <pageID>
11 INSTRUCTIONS FOR SERVICE AND NOTICE OF RIGHT TO APPEAL/OBJECT A copy of this report and recommendation will be served on all parties in the manner provided by law. Any party who objects to any part of this report and recommendation must file specific written objections within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). To be specific, an objection must identify the specific finding or recommendation to which objection is made, state the basis for the objection, and specify the place in the magistrate judge’s report and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or adopted by the district court, except upon grounds of plain error. See Douglass v. United Services Auto. Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996). Case 3:25-cv-00725-D-BT Document 8 Filed 02/02/26 Page 11 of 11 PageID <pageID>
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