(PS) Barroga-PREFILING ORDER v. Board of Administration Cal Public Employees' Retirement System

Filing 6

ORDER signed by District Judge Dale A. Drozd on 11/16/2022 DENYING 5 Motion for Reconsideration. This case shall remain closed. No further filings will be entertained by the court in this closed case. (Coll, A)

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Case 2:22-mc-00301-DAD-AC Document 6 Filed 11/17/22 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUCIO A. BARROGA, 12 13 14 15 16 No. 2:22-mc-00301-DAD-AC (PS) Plaintiff, v. ORDER DENYING MOTION FOR RECONSIDERATION BOARD OF ADMINISTRATION CAL PUBLIC EMPLOYEES’ RETIREMENT SYSTEM, (Doc. No. 5) Defendant. 17 18 On October 31, 2022, the court reviewed plaintiff Lucio A. Barroga’s lodged complaint 19 because it is subject to the prefiling review order issued on September 9, 2019 in Barroga v. 20 Board of Administration, Cal. Public Employees’ Retirement System, (“CalPERS”), 2:19-cv- 21 0921-MCE-KJN, Doc. No. 29 (Prefiling Order), which declared plaintiff a vexatious litigant. 22 (Doc. No. 4.) In the court’s October 31, 2022 order, the court determined that plaintiff’s 23 allegations in the lodged complaint are frivolous and directed the Clerk of the Court to not file 24 plaintiff’s lodged complaint and to close this miscellaneous case. (Id.) 25 On November 14, 2022, plaintiff filed a motion for reconsideration of the court’s October 26 31, 2022 order. (Doc. No. 5.) Therein, plaintiff requests that the court file his lodged complaint 27 in this action because, according to plaintiff, the Prefiling Order declaring him to be a vexatious 28 litigant is clearly erroneous and should be reversed. (Id.) However, plaintiff’s conclusory 1 Case 2:22-mc-00301-DAD-AC Document 6 Filed 11/17/22 Page 2 of 2 1 assertions that the Prefiling Order was erroneous and that his lodged complaint is not frivolous 2 are insufficient to warrant reconsideration of the court’s October 31, 2022. Indeed, plaintiff’s 3 pending motion does not articulate any basis upon which the undersigned should reconsider the 4 October 31, 2022 order. 5 Accordingly, plaintiff’s motion for reconsideration (Doc. No. 5) is denied. 6 This case shall remain closed. No further filings will be entertained by the court in this 7 closed case. 8 9 IT IS SO ORDERED. Dated: November 16, 2022 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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