United States v. Fulkerson

Filing 2

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)

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Case 3:21-cv-00083 Document 2 Filed 02/16/21 Page 1 of 2 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 UNITED STATES, Case No. 3:21-cv-00083 Plaintiff, 7 ORDER v. 8 HEATH V. FULKERSON, 9 Defendant. 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, 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: 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. 17 18 19 20 21 22 23 Id. The Court will refer to these requirements as the Vexatious Litigant Requirements. 24 On or around February 16, 2021, the Clerk of Court received some documents in 25 the mail from Mr. Fulkerson. (ECF Nos. 1-1, 1-2, 1-3.) The Clerk of Court assigned those 26 documents the above-captioned case number. However, the documents Mr. Fulkerson 27 filed do not comply with the Vexatious Litigant Requirements. 28 /// Case 3:21-cv-00083 Document 2 Filed 02/16/21 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 again1 admonishes Mr. Fulkerson to comply with the Vexatious 5 Litigant Requirements to the extent he wishes to file any additional cases in this District 6 in the future. If he does not, the Court will deny his future applications, similar to the way 7 it is denying this one. 8 It is therefore ordered that this action is dismissed, in its entirety, without prejudice. 9 The Clerk of Court is directed to close this case. 10 DATED THIS 16th Day of February 2021. 11 12 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1The 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). 2

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