Whitaker v. Superior Court of Alamed County et al

Filing 1

ORDER DENYING FILING OF COMPLAINT. Signed by Judge Yvonne Gonzalez Rogers on 1/29/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/29/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 FRED A. WHITAKER, 9 10 United States District Court Northern District of California 11 Plaintiff, Case No.: 12-MC-80305 YGR ORDER DENYING FILING OF COMPLAINT vs. SUPERIOR COURT OF ALAMEDA COUNTY et al., 12 Defendant(s). 13 14 Plaintiff Fred Whitaker has filed a complaint challenging the procedures followed by the 15 California courts in declaring him a vexatious litigant, and also challenges the constitutionality of 16 California’s Vexatious Litigant Statute, California Code of Civil Procedure §§ 391 et seq. Plaintiff 17 is subject to a Prefiling Order requiring review and approval by the Court of any actions filed in 18 propria persona. Whitaker v. Alameda Superior Court, C-08-1618 PJH, Dkt. No. 33 (N.D. Cal. Jul. 19 22, 2008). The Prefiling Order states that “plaintiff’s challenge to the Vexatious Litigant Statute 20 has been fully and fairly litigated in the past, and Plaintiff has been apprised of that fact by 21 numerous courts. Thus, the present action is patently frivolous.” (Id. at 6.) 22 The Court, as general duty judge, has reviewed plaintiff’s complaint and finds that it is 23 patently frivolous, and thus may not be filed. The Clerk of Court shall accept no more filings in 24 this action. 25 IT IS SO ORDERED. 26 27 28 Date: January 29, 2013 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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