McInerney v. City of San Jose

Filing 2

ORDER GRANTING PLAINTIFF'S PETITION AND DIRECTING CLERK TO FILE COMPLAINT. Signed by Judge James Ware on 6/16/11. (sis, COURT STAFF) (Filed on 6/17/2011)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

SAN FRANCISCO DIVISION
NO. C 11-MC-80127 JW

Joseph McInerney,

11

ORDER GRANTING PLAINTIFF’S
PETITION AND DIRECTING CLERK TO
FILE COMPLAINT

Plaintiff,
v.

For the Northern District of California

United States District Court

10

12
City of San Jose, et al.,
13
Defendants.
14
15

/
Presently before the Court is Plaintiff’s Petition by Vexatious Litigant to File Action Against

16

in Named Action in District Court.1 Plaintiff seeks leave to file a Complaint against, inter alia, the

17

City of San Jose, City and County of San Francisco and several private entities asserting various

18

federal and state claims.2 Plaintiffs’ Complaint appears to be based primarily on allegations that

19

Defendants engaged in unlawful surveillance of Plaintiff, disseminated Plaintiff’s confidential

20

information to the public and attempted to falsely portray Plaintiff as a sex offender.3

21

On October 14, 2003, Plaintiff was ordered not to file any new litigation in propria persona

22

before the United States District Court for the Northern District of California without first obtaining

23
24

1

25

2

26
27
28

(Docket Item No. 1.)

Plaintiff asserts claims for violations of 42 U.S.C. §§ 1981, 1982, 1983, 1985, 1986, 1988,
Invasion of Privacy, Conspiracy to Defame, Violation Regarding Government Records, Conspiracy
to Falsely Impersonate Plaintiff, Identity Theft, Negligence, Intentional Infliction of Emotional
Distress, Fraud, Unlawful Search and Seizure and various constitutional violations. (Docket Item
No. 1-1 at 2.)
3

(Docket Item No. 1-1 at 6-7.)

1

leave of the Chief Judge.4 The Order stated that the prefiling review requirement was “[d]ue to

2

Plaintiff’s history of abusive and lengthy litigation, repeated filings concerning the same set of facts

3

and circumstances, and the harassing and frivolous nature of this and earlier lawsuits.”5 The action

4

in which the Order was filed was “for damages, declaratory relief and injunctive relief under Civil

5

Rights Act, 42 U.S.C. §§ 1983, 1985 and 1988, to address an alleged conspiracy against him by

6

numerous judges of the San Francisco Superior Court and the California Court of Appeal, as well as

7

the Judicial Council of California and various of its members and employees.”6 The Order stated

8

that “Plaintiff claims that the defendant judges and parties have conspired to have him declared a

9

vexatious litigant and subjected him to pre-filing review in state court.”7 The Order also stated that
“Plaintiff has brought no fewer than five previous lawsuits against members of the California

11
For the Northern District of California

United States District Court

10

judiciary on the issue of the alleged publication of his psychiatric records and the alleged vast

12

judicial conspiracy against him.”8

13

Having reviewed Plaintiff’s Complaint, the Court finds that it does not fall within the scope

14

of the prefiling review Order. Plaintiff’s Complaint involves different Defendants and subject

15

matter than the case in which the prefiling review Order was entered.

16

Accordingly, the Court GRANTS Plaintiff’s request to file the Complaint. The Court

17

ORDERS the Clerk of Court to file Plaintiff’s Complaint as a new civil matter and to assign it to the

18

appropriate judge.

19
20

Dated: June 16, 2011
JAMES WARE
United States District Chief Judge

21
22
23

4

(See No. 02-05911 JSW, Docket Item No. 22.)

24

5

(Id. at 4.)

25

6

(Id. at 1.)

26

7

(Id. at 1-2.)

27

8

(Id. at 2.)

28

2

1

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

2

Joseph McInerney
60 North Third Street #301
San Jose, CA 95112

3
4

Dated: June 16, 2011

Richard W. Wieking, Clerk

5
6
7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy