(PS) Dmitriy v. Bella, No. 2:2020cv00010 - Document 6 (E.D. Cal. 2020)
Court Description: ORDER signed by District Judge Troy L. Nunley on 4/7/2020 ADOPTING 5 Findings and Recommendations in full; DISMISSING 1 Complaint with prejudice; DENYING AS MOOT 2 Motion to Proceed IFP; DECLARING plaintiff a Vexatious Litigant; and ISSUING a p re-filing order as fully described in 5 Findings and Recommendations REQUIRING any future filing to include to the words PLAINTIFF HAS BEEN DECLARED A VEXATIOUS LITIGANT, AS PER CASE NO. 2:20-cv-10-TLNKJN-PS at the top of the front page. If the he ading is not included, the filing will be lodged, not filed, nor will the court review it. If the heading is included, the matter will be opened as a miscellaneous case to be considered by the General Duty Judge of this Court. If it is frivolous, i t shall dismissed without comment. If it is not frivolous, the Duty Judge shall order the Clerk to allow the complaint to be filed as normal. These requirements shall be waived if Plaintiff's filing is made by a licensed attorney at law in good standing who signs the filing as the attorney of record for Plaintiff. CASE CLOSED. (Coll, A)
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(PS) Dmitriy v. Bella Doc. 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EGOROV DMITRIY, 12 Plaintiff, 13 14 No. 2:20-cv-00010-TLN-KJN v. KUCHUR BELLA, 15 ORDER DISMISSING WITH PREJUDICE AND DECLARING PLAINTIFF A VEXATIOUS LITIGANT Defendant. 16 On March 16, 2020, the magistrate judge filed findings and recommendations (ECF No. 17 18 5), which were served on the parties and which contained notice that any objections to the 19 findings and recommendations were to be filed within fourteen (14) days. No objections were 20 filed. Accordingly, the Court presumes that any findings of fact are correct. See Orand v. 21 22 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 23 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 24 1983). 25 The Court has reviewed the applicable legal standards and, good cause appearing, 26 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 27 IT IS HEREBY ORDERED that: 28 /// 1 Dockets.Justia.com 1 1. The findings and recommendations (ECF No. 5) are ADOPTED IN FULL; 2 2. Plaintiff’s Complaint (ECF No. 1) is DISMISSED WITH PREJUDICE; 3 3. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED as moot; 4 4. Plaintiff is DECLARED a Vexatious Litigant; and 5 5. The Court ISSUES the following pre-filing order, as more fully described in Section II.D. of the Magistrate Judge’s findings and recommendations (ECF No. 5): 6 7 a. Any future filing, of any kind, by Plaintiff in the United States District Court 8 for the Eastern District of California shall contain the following words in all 9 capital letters at the top of the front page: “PLAINTIFF HAS BEEN 10 DECLARED A VEXATIOUS LITIGANT, AS PER CASE NO. 2:20-cv-10- 11 TLN–KJN-PS.” If a proposed filing does not contain that heading, the Clerk 12 of the Court shall lodge (not file) the proposed filing, nor shall the Court 13 review it –– any incomplete filings shall be returned to Plaintiff without further 14 action of the Court; 15 b. If Plaintiff submits an action as a self-represented plaintiff accompanied by the 16 required heading, the Clerk of the Court is directed to open the matter as a 17 miscellaneous case to be considered by the General Duty Judge of this Court. 18 The Duty Judge shall then determine whether the case is in fact non-frivolous. 19 If it is frivolous, the Duty Judge shall dismiss the action without comment, 20 pursuant to this pre–filing order. If it is not frivolous, the Duty Judge shall 21 order the Clerk to allow the complaint to be filed as normal; and 22 c. The requirements of subparagraphs (a) and (b) shall be waived if Plaintiff's 23 filing is made on his behalf by a licensed attorney at law in good standing who 24 signs the filing as the attorney of record for Plaintiff. 25 /// 26 /// 27 /// 28 /// 2 1 2 IT IS SO ORDERED. DATED: April 7, 2020 3 4 5 6 Troy L. Nunley United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
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