Tyler v. Knowles et al

Filing 68

ORDER signed by District Judge Otis D. Wright, II on 2/19/2014 DISMISSING CASE. CASE CLOSED. (Michel, G)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELONZA JESSE TYLER,
v.

Case No. 2:08-cv-02222-ODW

Plaintiff,

ORDER:
DISMISSING ACTION

MIKE E. KNOWLES and LORI
JOHNSON,
Defendants.

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I.

INTRODUCTION

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Elonza Jesse Tyler, a California prisoner, filed this action pro se and in forma

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pauperis on September 19, 2008, alleging that several employees and officers of the

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California Department of Corrections and Rehabilitation violated his rights under the

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Americans with Disabilities Act.

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Defendants’ motion seeking to have Tyler declared a vexatious litigant under

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California Civil Procedure Code section 391(b)(1)(i) and Eastern District of California

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Local Rule 65.1-151(b), on the basis that he had filed at least seven actions that were

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determined adversely against him in the seven years immediately preceding this

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action. (ECF No. 35.) As a result, the Court ordered that Tyler (1) was required

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thereafter to seek leave of the presiding judge before filing any new litigation; and (2)

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On December 30, 2010, this Court granted

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must furnish an $850 security for the benefit of Defendants in this action as a

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precondition to continuing with this case. (Id.)

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Initially Tyler appealed that order but on February 5, 2014 voluntarily

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dismissed his appeal [DE 67.] The court’s November 13, 2012 order requiring the

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posting of $850 security remains a condition to maintaining this litigation. It has not

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been paid and over a year has passed. It is the Plaintiff’s responsibility to diligently

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prosecute his case. He has not done so and accordingly, this court orders this matter

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dismissed.

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IT IS SO ORDERED.

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February 19, 2014

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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