Devin Wade v. U.S. Central Command

Filing 5

ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DECLARING DEVIN KYLE WADE A VEXATIOUS LITIGANT by Judge Michael W. Fitzgerald. IT IS ORDERED THAT: 1. Devin Kyle Wade's pending civil-rights complaints are dismissed with prejudice. 2. Devin Kyle Wade is deemed a vexatious litigant, and the Clerk of Court is directed not to file any pro se petition, complaint, or IFP application from him unless he has previously been granted leave to file the document by a Judge of this Court. See C.D. Cal. R. 83-8.2. 3. Judgment be entered in the above-captioned cases consistent with this Order. 4. The Clerk serve this Order on all counsel or parties of record. (es)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 In Re DEVIN KYLE WADE cases. Case Nos. EDCV 24-1640-MWF (JPR); EDCV 24-1644-MWF (JPR); EDCV 241646-MWF (JPR); EDCV 24-1656-MWF (JPR); EDCV 24-1657-MWF (JPR); EDCV 24-1662-MWF (JPR); EDCV 241663-MWF (JPR); EDCV 24-1664-MWF (JPR); EDCV 24-1665-MWF (JPR); EDCV 24-1666-MWF (JPR); EDCV 241667-MWF (JPR); EDCV 24-1671-MWF (JPR); EDCV 24-1823-MWF (JPR); EDCV 24-1919-MWF (JPR); EDCV 241920-MWF (JPR); EDCV 24-1935-MWF (JPR); EDCV 24-1936-MWF (JPR); EDCV 24-1973-MWF (JPR); EDCV 241974-MWF (JPR); EDCV 24-1975-MWF (JPR); EDCV 24-1976-MWF (JPR); EDCV 24-1984-MWF (JPR); EDCV 241987-MWF (JPR); EDCV 24-1996-MWF (JPR) 12 13 14 15 16 17 18 19 20 ORDER ACCEPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND DECLARING DEVIN KYLE WADE A VEXATIOUS LITIGANT 21 22 23 24 Pursuant to 28 U.S.C. § 636, the Court has reviewed the 25 complaints in the above-listed cases, the other records on file 26 herein, and the Magistrate Judge’s Report and Recommendation. 27 Court accepts the findings and recommendations of the Magistrate 28 Judge. Since the R. & R. was issued, Plaintiff has filed an -1- The 1 additional 12 civil-rights lawsuits, 11 of which are active. See 2 5:24-cv-1919-MWF-JPR; 5:24-cv-1920-MWF-JPR; 5:24-cv-1935-MWF-JPR; 3 5:24-cv-1936-MWF-JPR; 5:24-cv-1973-MWF-JPR; 5:24-cv-1974-MWF-JPR; 4 5:24-cv-1975-MWF-JPR; 5:24-cv-1976-MWF-JPR; 5:24-cv-1984-MWF-JPR; 5 5:24-cv-1987-MWF-JPR; 5:24-cv-1996-MWF-JPR. 6 from the same incurable deficiencies detailed in the R. & R. and 7 are therefore also dismissed as frivolous. 8 of the court system has not been limited to civil complaints; in 9 the past three months, he has filed three separate habeas Those 11 cases suffer Moreover, Wade’s abuse 10 petitions, all of them inappropriately claiming that he is a “crime 11 victim” himself, apparently based on various local law-enforcement 12 agencies’ recent arrests of him for shoplifting and other offenses. 13 Although the Court will handle those cases in a separate order or 14 orders, these habeas petitions are further evidence of his 15 vexatious nature and justify extending the Magistrate Judge’s 16 recommended vexatious-litigant order to future habeas petitions as 17 well. ACCORDINGLY, IT IS ORDERED THAT: 18 1. Devin Kyle Wade’s pending civil-rights complaints are 19 20 dismissed with prejudice. 2. Devin Kyle Wade is deemed a vexatious litigant, and the 21 22 Clerk of Court is directed not to file any pro se petition, 23 complaint, or IFP application from him unless he has previously 24 been granted leave to file the document by a Judge of this Court. 25 See C.D. Cal. R. 83-8.2. 3. Judgment be entered in the above-captioned cases 26 27 consistent with this Order. 28 /// -2- 4. The Clerk serve this Order on all counsel or parties of 1 2 3 record. IT IS SO ORDERED. 4 5 6 Dated: September 24, 2024 _____________________________________ MICHAEL W. FITZGERALD 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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