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