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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 DARREL L. ESPINOSA, 10 11 12 No. 2:14-cv-2881 KJM GGH PS Plaintiff, v. ORDER STATE OF CALIFORNIA, et al., 13 Defendants. 14 15 Plaintiff, proceeding in this action pro se, has requested leave to proceed in forma 16 pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 17 302(21), pursuant to 28 U.S.C. § 636(b)(1). 18 Plaintiff has been declared a vexatious litigant, and a pre-filing review order is in place. 19 See Espinosa v. Marshall, 2:06-cv-1192 MCE GGH PS. The terms of that order, filed June 15, 20 2007, are: 21 22 23 24 25 26 27 28 (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 1 1 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. 2 3 4 5 6 (Id., ECF No. 92 at 2-3.) Because the pre-filing screening order was not initially followed in this case in terms of 7 8 non-filing, the undersigned will modify the terms of that order for this matter only. After plaintiff 9 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 10 11 a declaration precisely as set forth in the order quoted above. Failure to submit a complete 12 declaration will result in a recommendation that this action be dismissed. 13 Dated: February 6, 2015 /s/ Gregory G. Hollows 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 GGH:076/Espinosa2881.scrn 19 20 21 22 23 24 25 26 27 28 1 For this action only, plaintiff will not be required to submit a copy of the 2007 order. 2

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