The opinion of the court was delivered by: Gregory G. Hollows U.S. Magistrate Judge
Plaintiff filed this action on January 22, 2010, and it was referred to the undersigned pursuant to Local Rule 302(c)(21). On May 19, 2010, the court granted plaintiff's in forma pauperis application, dismissed the complaint, and granted plaintiff leave to file an amended complaint. Subsequently, it came to the attention of the undersigned that William P. Grant was declared a vexatious litigant in this court in 1997.
The Vexatious Litigant Order filed by the Honorable William B. Shubb on April 25, 1997, provides as follows:
The Clerk of the Court is further directed not to accept for filing any documents submitted by or on behalf of Grant which seek to initiate any civil or miscellaneous action unless the following conditions are satisfied:
(1) Grant certifies in writing that the claims presented are new claims that have never been raised and disposed of on their merits by this court;
(2) the then-duty magistrate judge enters an order permitting William P. Grant to initiate the civil or miscellaneous action based on a determination that it is not frivolous.
(In the Matter of William P. Grant, Vexatious Litigant Order at 2-3, filed Apr. 25, 1997 in fourteen cases, including MISC S-97-0041 LKK.)
The complaint and in forma pauperis application submitted by plaintiff for the purpose of initiating this civil action were not accompanied by the required written certificate. Plaintiff's documents should not have been filed or even submitted to the then-duty magistrate judge because the first condition of the Vexatious Litigant Order was not satisfied.*fn1
IT IS HEREBY ORDERED that:
1. The order filed May 19, 2010 (Dkt. # 3) is vacated.
2. This case having been opened in error, the Clerk of the Court is directed to ...