United States v. Fulkerson
ORDER DISMISSING CASE. This action is dismissed, in its entirety, without prejudice. Clerk is directed to close this case. Signed by Chief Judge Miranda M. Du on 2/16/2021. (Copies have been distributed pursuant to the NEF - AB)
Case 3:21-cv-00083 Document 2 Filed 02/16/21 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:21-cv-00083
HEATH V. FULKERSON,
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, 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 February 16, 2021, the Clerk of Court received some documents in
the mail from Mr. Fulkerson. (ECF Nos. 1-1, 1-2, 1-3.) The Clerk of Court assigned those
documents the above-captioned case number. However, the documents Mr. Fulkerson
filed do not comply with the Vexatious Litigant Requirements.
Case 3:21-cv-00083 Document 2 Filed 02/16/21 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 again1 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.
The Clerk of Court is directed to close this case.
DATED THIS 16th Day of February 2021.
MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
Court previously issued very similar orders. See Fulkerson v. State of
Nevada, Case No. 3:20-cv-00725-MMD-WGC, ECF No. 2 (D. Nev. Jan. 6, 2021); see
also Fulkerson v. Du, Case No. 3:21-cv-00025 (D. Nev. Jan. 12, 2021).
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