ex Rel. Gavin, et al., v. Stellar Management et al.,

Filing 5

ORDER DENYING FILING re 1 Received Document,, filed by Lynn Gavin, 2 Received Document, filed by Lynn Gavin. Signed by Judge James Donato on 2/3/16. (lrcS, COURT STAFF) (Filed on 2/4/2016)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 PEOPLE OF THE STATE OF CALIFORNIA, ex rel. LYNN GAVIN, 5 Plaintiff, 6 7 8 Case No. 16-mc-80024-JD ORDER DENYING FILING v. STELLAR MANAGEMENT, Defendant. 9 10 On January 12, 2016, Judge Chen of this court entered an order finding pro se plaintiff United States District Court Northern District of California 11 Lynn Gavin to be a vexatious litigant. Gavin v. City and County of San Francisco, Case No. 15- 12 cv-05202 (N.D. Cal. 2015), Dkt. No. 9. The order was in response to 10 separate lawsuits Gavin 13 filed with her son, Bamidele Hambolu, challenging their 2012 eviction from the Parkmerced 14 apartments for failing to pay “usurious” utility bills. Id. at 1. Judge Chen dismissed the case with 15 prejudice on multiple grounds, including preclusion, statute of limitations, failure to prosecute, 16 failure to state a viable claim, and failure to comply with administrative requirements such as the 17 California Torts Claims Act. Dkt. No. 7. The vexatious litigant order states that the Clerk of the 18 Court may not file or accept any additional complaints by Gavin raising claims about the eviction 19 until the Duty Judge determines that the complaint should be accepted. Dkt. No. 9 at 7. 20 On January 29, 2016, Gavin lodged with the Clerk a complaint and application for a 21 temporary restraining order that the undersigned has reviewed as the current Duty Judge. The 22 complaint is 120 pages long and appears to add new parties and allege somewhat different claims 23 than the 10 prior complaints, but the gravamen of the lawsuit is still the allegedly wrongful 24 eviction from the Parkmerced apartments. All of the preceding complaints about that incident 25 were dismissed as patently meritless, and this complaint warrants the same fate. 26 27 28 1 2 3 4 The Clerk of the Court is directed not to accept the complaint or TRO motion from plaintiff Givens. IT IS SO ORDERED. Dated: January 29, 2016 5 6 JAMES DONATO 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 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 LYNN GAVIN, Case No. 16-mc-80024-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 STELLAR MANAGEMENT, Defendant. 8 9 10 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. United States District Court Northern District of California 11 12 13 14 15 That on February 4, 2016, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 Lynn Gavin General Delivery Private Attorney General San Francisco, CA 94102 19 20 Dated: February 4, 2016 21 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 27 28 3

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