Geraldine Pierce et al v. Donald J. Trump et al

Filing 43

ORDER VACATING FEBRUARY 27, 2018 ORDER AND JUDGMENT; REOPENING CASE; AND ACCEPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Judge Manuel L. Real. The Court is not persuaded by Plaintiffs Objections. The Court hereby accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. IT IS ORDERED that this action is DISMISSED without prejudice. (see order for details) (Made JS-5, Case reopened) (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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GERALDINE PIERCE, et al.,
Plaintiffs,

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v.
DONALD J. TRUMP, et al.,
Defendants.

Case No. CV 17-07267-R (RAO)
ORDER VACATING FEBRUARY 27,
2018 ORDER AND JUDGMENT;
REOPENING CASE; AND
ACCEPTING REPORT AND
RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE

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On February 2, 2018, the Magistrate Judge issued a Report and

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Recommendation (“Report”) recommending dismissal of the Complaint. Dkt. No.

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38. Objections to the Report were due on February 22, 2018. Dkt. No. 37. On

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February 27, 2018, the Court accepted the Report, dismissed the action, and entered

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judgment. Dkt. Nos. 40-41.

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At the time the Court entered judgment, no Objections had been entered on

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the docket. However, the Court is now aware that Objections were timely filed.

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The Objections were mailed on February 21, 2018, and received by the Court

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mailroom on February 23, 2018. See Dkt. No. 42. The Objections were entered on

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the docket on March 2, 2018. See id. Because the Court had not considered the

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timely-filed Objections in its prior order accepting the Report, the Court finds it

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appropriate to reopen the case to consider the Objections. The February 27, 2018

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Order Accepting Report and Recommendation (Dkt. No. 40) and Judgment (Dkt.

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No. 41) are VACATED. The action is REOPENED for the purpose of considering

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the Objections to the Report.

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint (Dkt. No.

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1), all of the other records and files herein, and the Report. Further, the Court

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engaged in a de novo review of those portions of the Report to which Plaintiff

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objected.

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Plaintiff objects to the dismissal of the case, setting forth various arguments

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regarding standing and joinder. The Objections do not dispute that Seavon Pierce

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has prepared the documents in this case, or that Geraldine Pierce has filed the

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Complaint and other documents on behalf of and at the request of her son, Seavon.

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Based on the representations made by Geraldine to the Magistrate Judge at the

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February 1, 2018 hearing, and the similarities between the filings in this case and

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the filings in other actions brought by Seavon, the Court finds that Seavon is

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attempting to sidestep the Vexatious Litigant Order1 by having his mother,

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Geraldine, file his documents in this Court. The Court has the authority to dismiss

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the action as a violation of the Vexatious Litigant Order. See Ryan v. Hyden, No.

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12cv14890MMA (BLM), 2012 WL 4793116, at *3-4 (S.D. Cal. Oct. 9, 2012)

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(finding case may be properly dismissed where it was “abundantly clear” that

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vexatious litigant was using his parents to sidestep a vexatious litigant order).

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The Court clarifies that the dismissal is without prejudice to Seavon Pierce

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requesting leave to file a complaint pursuant to the Vexatious Litigant Order and

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without prejudice to Geraldine Pierce filing a complaint on her own behalf.

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///

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///

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///

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Seavon Pierce v. The U.S. Government, et al., CV 16-8010-VAP (JEM), Dkt. No.
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Accordingly, the Court is not persuaded by Plaintiff’s Objections. The Court

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hereby accepts and adopts the findings, conclusions, and recommendations of the

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Magistrate Judge.

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IT IS ORDERED that this action is DISMISSED without prejudice.

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DATED: March 6, 2018

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___________________________________
MANUEL L. REAL
UNITED STATES DISTRICT JUDGE

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