Espinosa v. State of California et al

Filing 8

ORDER signed by Magistrate Judge Gregory G. Hollows on 2/6/2015 ORDERING the plaintiff to file within fourteen days, a declaration precisely as set forth in the order filed 6/15/2007 in case no. 2:06-cv-01192 MCE GGH (PS), as stated herein; CAUTIONING the plaintiff that a failure to submit a complete declaration will result in a recommendation that this action be dismissed. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARREL L. ESPINOSA,

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No. 2:14-cv-2881 KJM GGH PS

Plaintiff,
v.

ORDER

STATE OF CALIFORNIA, et al.,

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Defendants.

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Plaintiff, proceeding in this action pro se, has requested leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule

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302(21), pursuant to 28 U.S.C. § 636(b)(1).

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Plaintiff has been declared a vexatious litigant, and a pre-filing review order is in place.

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See Espinosa v. Marshall, 2:06-cv-1192 MCE GGH PS. The terms of that order, filed June 15,

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2007, are:

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(1) Plaintiff shall not initiate any further pro se action in this court
unless the pleadings initiating the action are accompanied by a
declaration under penalty of perjury that explains why plaintiff
believes he has meritorious claims. The declaration shall include a
list of all previous actions plaintiff has filed in this or any court,
identifying named defendants and all claims made in the previous
actions. Plaintiff shall certify that the defendants named in the
proposed action have never before been sued by plaintiff, or
alternatively that any claims against previously sued defendants are
not related to previous action [s]. The declaration shall also state
that the claims are not frivolous or made in bad faith, and that
plaintiff has conducted a reasonable investigation of the facts and
the investigation supports his claim(s). Finally, a copy of this order
shall be attached to any application. (2) The Clerk shall not file or
lodge any action submitted pro se by plaintiff unless it is
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accompanied by the required declaration and a copy of the instant
order; any such incomplete filings shall be returned to plaintiff
without further action of the court. (3) If plaintiff files a pro se
action accompanied by the required declaration, the Clerk shall
open the matter as a miscellaneous case to be considered by the
General Duty Judge of this court. The judge will issue necessary
orders after making a determination whether the case is in fact
related to a previous case filed by plaintiff, and whether it is nonfrivolous.

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(Id., ECF No. 92 at 2-3.)
Because the pre-filing screening order was not initially followed in this case in terms of

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non-filing, the undersigned will modify the terms of that order for this matter only. After plaintiff

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submits a declaration,1 the undersigned will review it instead of the General Duty Judge.
Accordingly, IT IS ORDERED that: within fourteen days of this order, plaintiff shall file

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a declaration precisely as set forth in the order quoted above. Failure to submit a complete

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declaration will result in a recommendation that this action be dismissed.

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Dated: February 6, 2015
/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Espinosa2881.scrn

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For this action only, plaintiff will not be required to submit a copy of the 2007 order.
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