Devin Wade v. HQ Eucom

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 p rejudice. 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)

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-