Fulkerson v. State of Nevada et al
ORDER dismissing without prejudice this action in its entirety; denying as moot ECF No. 1 IFP Application; directing Clerk to close case. Signed by Chief Judge Miranda M. Du on 1/6/2021. (Copies have been distributed pursuant to the NEF - KR)
Case 3:20-cv-00725-MMD-WGC Document 2 Filed 01/06/21 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
HEATH V. FULKERSON, et al.,
Case No. 3:20-cv-00725-MMD-WGC
STATE OF NEVADA, et al.,
On November 25, 2020, the Court declared Heath Vincent Fulkerson a vexatious
litigant. See Fulkerson v. Allstate Insurance, Case No. 3:20-cv-00399-MMD-CLB, at ECF
No. 13 (D. Nev. Nov. 25, 2020). In so doing, the Court ordered that Mr. Fulkerson must
obtain the Court’s leave before filing any complaint, petition, or other document in this
Court. See id. at 5. The Court also explained in that order how Mr. Fulkerson must request
the Court’s leave:
In order to file any papers in this Court, Fulkerson must first file an
application for leave. The application must be supported by a declaration of
Fulkerson stating: (1) that the matters asserted in the new complaint or
papers have never been raised and disposed of on the merits by any court;
(2) that the claim or claims are not frivolous or made in bad faith; and (3)
that Fulkerson has conducted a reasonable investigation of the facts and
investigation supports Fulkerson’s claim or claims. A copy of this order
declaring that Fulkerson is a vexatious litigant must be attached to any
application submitted to this Court. Failure to comply with these instructions
will be sufficient grounds for denial of an application.
Id. The Court will refer to these requirements as the Vexatious Litigant Requirements.
On or around December 30, 2020, Mr. Fulkerson deposited some documents in
one of the Court’s drop boxes at the federal courthouse in Reno. (ECF Nos. 1, 1-1, 1-2,
1-3, 1-4, 1-5.) The Clerk of Court assigned those documents the above-captioned case
number. However, the documents Mr. Fulkerson filed do not comply with the Vexatious
Case 3:20-cv-00725-MMD-WGC Document 2 Filed 01/06/21 Page 2 of 2
The Court will therefore deny Mr. Fulkerson’s application assigned the above-
captioned case number, to the extent the documents he filed can be considered an
application. For administrative purposes, the Court will dismiss this action and direct its
closure. The Court admonishes Mr. Fulkerson to comply with the Vexatious Litigant
Requirements to the extent he wishes to file any additional cases in this District in the
future. If he does not, the Court will deny his future applications, similar to the way it is
denying this one.
It is therefore ordered that this action is dismissed, in its entirety, without prejudice.
It is further ordered that the application to proceed in forma pauperis (ECF No. 1)
is denied as moot.
The Clerk of Court is directed to close this case.
DATED THIS 6th day of January 2020.
MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?