Mazzaferro v. Parisi et al

Filing 128

ORDER DISMISSING ACTION WITH PREJUDICE re 127 Notice of Voluntary Dismissal,, filed by Ronald Spencer Mazzaferro, 126 Order on Stipulation Signed by Judge Alsup on 11/21/2017. (whalc1, COURT STAFF) (Filed on 11/21/2017)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 RONALD MAZZAFERRO, No. C 16-05641 WHA 11 For the Northern District of California United States District Court 10 12 13 14 15 Plaintiff, v. ORDER DISMISSING ACTION WILLIAM PARISI, KEN JOHNSON, SPENCER CRUM, BRUCE GOLDSTEIN, JOSHUA MYERS, and LYNN SEARLE, Defendants. / 16 17 An October 30 order directed pro se plaintiff Ronald Mazzaferro to pay defendants 18 Bruce Goldstein and Joshua Myers’ attorneys’ fees in the amount of five thousand dollars in 19 connection with his bad faith and frivolous claims against them (Dkt. No. 126). That order 20 further provided that his failure to do so would result in dismissal of his action in its entirety. 21 Instead of paying attorneys’ fees, as directed, Mazzaferro filed a document entitled 22 “plaintiff’s dismissal without prejudice due to fatal 28 U.S.C. 455 issues arising from the 23 September 26, 2017 California Supreme Court Administrative Order 2017-09-20 and record of 24 lack of impartiality” (Dkt. No. 127). He seeks, through this document, to voluntarily dismiss 25 his action without prejudice to all defendants (id. at 17). 26 In this prolix document, he contends that the undersigned judge is conflicted out of this 27 action and should have recused himself because the complaint named the State Bar of 28 California, and the judge is an active member of that bar (Dkt. No. 127 at 7). He also uses this as an opportunity to argue that previous decisions in this action were wrongly decided for a host 1 of reasons, which he has already proffered and have already been rejected (see Dkt. No. 127 at 2 8–15). This frivolous line of arguments further illustrates why dismissal is appropriate here. 3 Accordingly, this action is DISMISSED in its entirety WITH PREJUDICE. The Clerk shall please 4 close the file. 5 6 7 8 IT IS SO ORDERED. 9 11 For the Northern District of California United States District Court 10 Dated: November 21, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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