Wade v. Gilliland et al

Filing 181

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)

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Case 3:10-cv-00425-WHA Document 181 Filed 09/07/21 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 ELROY K. WADE, Plaintiff, 7 8 9 10 v. WOODY GILLILAND, et al., Defendants. 11 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 12 13 Wade’s motions to reopen case and vacate judgment and for a preliminary injunction 14 seek to vacate an order entered by the undersigned judge finding Wade to be a vexatious 15 litigant and subjecting him to a pre-filing order. That order was entered in 2010. The order 16 was based on (i) Wade’s admission on the record, in open court, that he was a vexatious 17 litigant, and (ii) the fact that he had filed fifteen lawsuits against the Department of Labor and 18 its employees from 2005–2010 all based on the same grievances and all meritless. 19 Plaintiff has filed five motions in this case, No. C 10-00425-WHA, seeking to vacate the 20 pre-filing order on the ground that it was entered without jurisdiction and without affording 21 Wade due process of law. It has been repeatedly explained to Wade, including by the Ninth 22 Circuit, that these arguments are meritless. 23 In short, this Court had authority to enter the pre-filing order and Wade was given 24 abundant opportunity to contest the government’s request for entry of the order. Wade 25 candidly admitted he is a vexatious litigant. The pre-filing order is entirely proper. 26 The motions are DENIED. Wade must not file any more motions in this action. 27 The hearing set for October 7, 2021 on the motion for a preliminary injunction is 28 VACATED. Case 3:10-cv-00425-WHA Document 181 Filed 09/07/21 Page 2 of 2 1 2 IT IS SO ORDERED. 3 4 Dated: September 7, 2021 5 6 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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