Brandi Montana v. Ritesh Prasad
Filing
7
MINUTES (IN CHAMBERS) Order Dismissing Action Without Prejudice by Judge Fernando M. Olguin. *See Order for Details.* (rolm)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 22-8182 FMO (AFMx)
Title
Brandi Montana v. Ritesh Prasad
Present: The Honorable
Date
November 21, 2022
Fernando M. Olguin, United States District Judge
Gabriela Garcia
None
None
Deputy Clerk
Court Reporter / Recorder
Tape No.
Attorney Present for Plaintiff(s):
Attorney Present for Defendant(s):
None Present
None Present
Proceedings:
(In Chambers) Order Dismissing Action Without Prejudice
On or about November 4, 2022, pro se plaintiff Brandi Montana (“plaintiff”) filed a Complaint
against defendant Ritesh Prasad (“defendant”) asserting claims for medical malpractice and
intentional infliction of emotion distress. (See Dkt. 1, Complaint at ECF 6-8). Plaintiff previously
filed two actions against defendant arising from the same allegations, both of which were
dismissed for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (See Brandi
Montana v. Ritesh Prasad, CV 22-7078 SB (C.D. Cal.) (Dkt. 10, Court’s Order of October 5, 2022);
Brandi Montana v. Ritesh Prasad, CV 22-7456 FLA (C.D. Cal.) (Dkt. 6, Court’s Order of October
26, 2022)). Plaintiff has filed substantially the same Complaint again in this action. Accordingly,
the action is dismissed without prejudice for the reasons set forth in those prior orders.
Judgment shall be entered accordingly.
Plaintiff is admonished that further attempts to file the same action may subject her to being
declared a vexatious litigant, in which case the court may seek to control such conduct by issuing
an “order to give security in such amount as the Court determines to be appropriate to secure the
payment of any costs, sanctions or other amounts which may be awarded against a vexatious
litigant,” and “a directive to the Clerk not to accept further filings from the litigant without payment
of normal filing fees and/or without written authorization from” the court. See Local Rule 83-8.2.
00
Initials of Preparer
CV-90 (06/04)
CIVIL MINUTES - GENERAL
:
00
gga
Page 1 of 1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?