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)

Case 3:20-cv-00725-MMD-WGC Document 2 Filed 01/06/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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HEATH V. FULKERSON, et al.,
Plaintiffs,

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Case No. 3:20-cv-00725-MMD-WGC
ORDER

v.
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STATE OF NEVADA, et al.,
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Defendants.
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On November 25, 2020, the Court declared Heath Vincent Fulkerson a vexatious

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litigant. See Fulkerson v. Allstate Insurance, Case No. 3:20-cv-00399-MMD-CLB, at ECF

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No. 13 (D. Nev. Nov. 25, 2020). In so doing, the Court ordered that Mr. Fulkerson must

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obtain the Court’s leave before filing any complaint, petition, or other document in this

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Court. See id. at 5. The Court also explained in that order how Mr. Fulkerson must request

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the Court’s leave:

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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.

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Id. The Court will refer to these requirements as the Vexatious Litigant Requirements.

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On or around December 30, 2020, Mr. Fulkerson deposited some documents in

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one of the Court’s drop boxes at the federal courthouse in Reno. (ECF Nos. 1, 1-1, 1-2,

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1-3, 1-4, 1-5.) The Clerk of Court assigned those documents the above-captioned case

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number. However, the documents Mr. Fulkerson filed do not comply with the Vexatious

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Litigant Requirements.

Case 3:20-cv-00725-MMD-WGC Document 2 Filed 01/06/21 Page 2 of 2

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The Court will therefore deny Mr. Fulkerson’s application assigned the above-

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captioned case number, to the extent the documents he filed can be considered an

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application. For administrative purposes, the Court will dismiss this action and direct its

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closure. The Court admonishes Mr. Fulkerson to comply with the Vexatious Litigant

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Requirements to the extent he wishes to file any additional cases in this District in the

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future. If he does not, the Court will deny his future applications, similar to the way it is

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denying this one.

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It is therefore ordered that this action is dismissed, in its entirety, without prejudice.

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It is further ordered that the application to proceed in forma pauperis (ECF No. 1)

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is denied as moot.

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The Clerk of Court is directed to close this case.

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DATED THIS 6th day of January 2020.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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