Hurt v. All Sweepstakes Contests

Filing 26

ORDER RE: PRE-FILING REVIEW OF COMPLAINT (Illston, Susan) (Filed on 3/20/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 14 15 16 No. C 13-80053 MISC SI TYRONE HURT, ORDER RE: PRE-FILING REVIEW OF COMPLAINT Plaintiff, v. Order also to be filed in C 12-4187 EMC JUDGE ALEXANDER WILLIAMS, JR., UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, Defendant. / 17 18 In an order filed January 11, 2013, Judge Chen of this Court declared plaintiff Tyrone Hurt a 19 vexatious litigant. Hurt v. All Sweepstakes Contests, C 12-4187 EMC, Docket No. 18. Pursuant to that 20 order, the Clerk of this Court may not file or accept any further complaints filed by or on behalf of 21 plaintiff, and if plaintiff wishes to file a complaint, the Duty Judge must review the complaint to 22 determine whether it should be accepted for filing. 23 On March 11, 2013, plaintiff sought to file a new complaint in this Court. The undersigned is 24 the Duty Judge, and has reviewed the complaint to determine whether it should be accepted for filing. 25 The Court concludes that the new complaint suffers from the same types of factual and legal deficiencies 26 as the previous frivolous lawsuits that led to the declaration of plaintiff as a vexatious litigant. In the 27 new complaint, plaintiff has named as a defendant Judge Alexander Williams, Jr., of the United States 28 District Court for the District of Maryland. Based upon an order attached to the complaint, it appears that on January 8, 2013, Judge Williams declared plaintiff a vexatious litigant in the District of 1 Maryland, and that plaintiff is subject to a pre-filing order in that district. The complaint contains 2 citations to various statutes, the United States Constitution, Black’s Law Dictionary, and case law, and 3 seeks relief based on unspecified alleged violations of the Constitution. 4 The new complaint is frivolous because, among other reasons,“[j]udges are immune from 5 damage actions for judicial acts taken within the jurisdiction of their courts.” Ashelman v. Pope, 793 6 F.2d 1072, 1075 (9th Cir. 1986). The Clerk is directed not to accept the new complaint for filing, and 7 shall close this miscellaneous case. 8 9 IT IS SO ORDERED. United States District Court For the Northern District of California 10 11 SUSAN ILLSTON UNITED STATES DISTRICT JUDGE Dated: March 20, 2013 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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