Hambolu et al v. Wasserman-Stern Attorneys et al

Filing 13

ORDER Declining to Accept 1 Complaint For Filing. Signed by Judge Phyllis J. Hamilton on 02/16/2017. (pjhlc2S, COURT STAFF) (Filed on 2/16/2017)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 BAMIDELE HAMBOLU, et al., Case No. 17-mc-80018-PJH Plaintiffs, 5 v. 6 7 8 WASSERMAN-STERN ATTORNEYS, et al., DETERMINATION REGARDING WHETHER COMPLAINT SHOULD BE ACCEPTED FOR FILING Re: Dkt. No. 1, 12 Defendants. 9 Plaintiff Lynn Gavin is subject to a pre-filing order dated January 12, 2016 in Case 10 No. 15-cv-05202-EMC, which declared her to be a vexatious litigant. Pursuant to this United States District Court Northern District of California 11 12 13 order, Gavin “must obtain leave of court before filing any further suits based on her allegations that she was wrongfully evicted from the Parkmerced apartments in 2012.” No. 15-cv-05202-EMC Dkt. 9 at 7. “The Clerk of this Court may not file or accept any 14 further complaints filed by or on behalf of Plaintiff alleging any claims of wrongful eviction 15 from the Parkmerced apartment in 2012. If Plaintiff wishes to file a complaint alleging 16 any such claims, she shall provide a copy of any such complaint, a letter requesting that 17 the complaint be filed, and a copy of this Order to the Clerk of this Court. The Clerk shall 18 then forward the complaint, letter, and copy of this Order to the Duty Judge for a 19 determination whether the complaint should be accepted for filing.” Id. 20 This matter was referred to the undersigned for a determination of whether the 21 complaint should be accepted for filing. Good cause appearing, the court orders that the 22 Clerk shall decline to accept the complaint for filing, because Lynn Gavin is named as a 23 plaintiff and the action arises out of her 2012 eviction from the Parkmerced apartment. 24 IT IS SO ORDERED. 25 Dated: February 16, 2017 26 27 28 __________________________________ PHYLLIS J. HAMILTON United States District Judge

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