Wade v. Gilliland et al
Filing
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ORDER DENYING 174 MOTION TO REOPEN CASE AND VACATE JUDGMENT; DENYING 180 MOTION FOR PRELIMINARY INJUNCTION Signed by Judge William Alsup. (whalc5S, COURT STAFF) (Filed on 9/7/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
Case 3:10-cv-00425-WHA Document 181 Filed 09/07/21 Page 1 of 2
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ELROY K. WADE,
Plaintiff,
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v.
WOODY GILLILAND, et al.,
Defendants.
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United States District Court
Northern District of California
No. C 10-00425 WHA
ORDER DENYING MOTIONS TO
REOPEN CASE AND VACATE
JUDGMENT AND FOR
PRELIMINARY INJUNCTION
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Wade’s motions to reopen case and vacate judgment and for a preliminary injunction
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seek to vacate an order entered by the undersigned judge finding Wade to be a vexatious
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litigant and subjecting him to a pre-filing order. That order was entered in 2010. The order
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was based on (i) Wade’s admission on the record, in open court, that he was a vexatious
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litigant, and (ii) the fact that he had filed fifteen lawsuits against the Department of Labor and
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its employees from 2005–2010 all based on the same grievances and all meritless.
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Plaintiff has filed five motions in this case, No. C 10-00425-WHA, seeking to vacate the
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pre-filing order on the ground that it was entered without jurisdiction and without affording
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Wade due process of law. It has been repeatedly explained to Wade, including by the Ninth
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Circuit, that these arguments are meritless.
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In short, this Court had authority to enter the pre-filing order and Wade was given
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abundant opportunity to contest the government’s request for entry of the order. Wade
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candidly admitted he is a vexatious litigant. The pre-filing order is entirely proper.
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The motions are DENIED. Wade must not file any more motions in this action.
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The hearing set for October 7, 2021 on the motion for a preliminary injunction is
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VACATED.
Case 3:10-cv-00425-WHA Document 181 Filed 09/07/21 Page 2 of 2
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IT IS SO ORDERED.
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Dated: September 7, 2021
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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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United States District Court
Northern District of California
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