Fulkerson v. State of Nevada et al

Filing 2

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)

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Case 3:20-cv-00725-MMD-WGC Document 2 Filed 01/06/21 Page 1 of 2 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 HEATH V. FULKERSON, et al., Plaintiffs, 7 Case No. 3:20-cv-00725-MMD-WGC ORDER v. 8 STATE OF NEVADA, et al., 9 Defendants. 10 11 On November 25, 2020, the Court declared Heath Vincent Fulkerson a vexatious 12 litigant. See Fulkerson v. Allstate Insurance, Case No. 3:20-cv-00399-MMD-CLB, at ECF 13 No. 13 (D. Nev. Nov. 25, 2020). In so doing, the Court ordered that Mr. Fulkerson must 14 obtain the Court’s leave before filing any complaint, petition, or other document in this 15 Court. See id. at 5. The Court also explained in that order how Mr. Fulkerson must request 16 the Court’s leave: 17 18 19 20 21 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. 22 23 Id. The Court will refer to these requirements as the Vexatious Litigant Requirements. 24 On or around December 30, 2020, Mr. Fulkerson deposited some documents in 25 one of the Court’s drop boxes at the federal courthouse in Reno. (ECF Nos. 1, 1-1, 1-2, 26 1-3, 1-4, 1-5.) The Clerk of Court assigned those documents the above-captioned case 27 number. However, the documents Mr. Fulkerson filed do not comply with the Vexatious 28 Litigant Requirements. Case 3:20-cv-00725-MMD-WGC Document 2 Filed 01/06/21 Page 2 of 2 1 The Court will therefore deny Mr. Fulkerson’s application assigned the above- 2 captioned case number, to the extent the documents he filed can be considered an 3 application. For administrative purposes, the Court will dismiss this action and direct its 4 closure. The Court admonishes Mr. Fulkerson to comply with the Vexatious Litigant 5 Requirements to the extent he wishes to file any additional cases in this District in the 6 future. If he does not, the Court will deny his future applications, similar to the way it is 7 denying this one. 8 It is therefore ordered that this action is dismissed, in its entirety, without prejudice. 9 It is further ordered that the application to proceed in forma pauperis (ECF No. 1) 10 is denied as moot. 11 The Clerk of Court is directed to close this case. 12 DATED THIS 6th day of January 2020. 13 14 15 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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