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Garcia v. Baldwin

United States District Court, E.D. California

September 23, 2019

GUILLERMO GARCIA, Plaintiff,
v.
M. BALDWIN, et.al., Defendants.

          ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION FINDINGS AND RECOMMENDATIONS RECOMMENDING DEFENDANTS MOTION FOR PLAINTIFF TO POST SECURITY AS A VEXATIOUS LITIGANT BE DENIED [ECF No. 13]

         Plaintiff Guillermo Garcia is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 1983.

         Currently before the Court is Defendants’ motion for Plaintiff to post security as a vexatious litigant, filed June 20, 2019.

         I.

         RELEVANT BACKGROUND

         On February 8, 2019, Defendants removed this action from the Tuolumne County Superior Court.

         On February 22, 2019, the Court screened Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A, and found that Plaintiff stated a cognizable retaliation claim against only Defendant Chavez. The Court granted Plaintiff the opportunity to amend the complaint or notify the Court of his intent to proceed only on the claim against Defendant Chavez.

         Prior to Plaintiff’s response to the Court’s February 22, 2019 screening order, Defendant Chavez filed the instant motion to require Plaintiff to post security as a vexatious litigant.[1] (ECF No. 13.)

         On July 18, 2019, Plaintiff filed a motion for an extension of time to file an opposition to Defendant Chavez’s motion. (ECF No. 14.) On July 24, 2019, the Court granted Plaintiff thirty days to file an opposition and directed that Plaintiff also file an amended complaint or notify the Court of intent to proceed on the retaliation claim against Defendant Chavez on or before August 24, 2019. (ECF No. 15.)

         On August 19, 2019, Plaintiff filed another motion to extend the time to file an opposition and first amended complaint. (ECF No. 16.) On August 21, 2019, the Court granted Plaintiff thirty days to file an opposition and first amended complaint. (ECF No. 17.)

         As previously stated, on June 20, 2019, Defendant Chavez filed a motion for Plaintiff to post security as a vexatious litigant. The Court deems the motion suitable for ruling without an opposition by Plaintiff.

         II.

         DISCUSSION

         A. Defendant’s Motion

         Defendant seek to have Plaintiff declared a vexatious litigant, and post security in the amount of $4, 640.00. Local Rule 151(b) of the Eastern District of California, which provides:

On its own motion or on motion of a party, the Court may at any time order a party to give a security, bond, or undertaking in such amount as the Court may determine to be appropriate. The provisions of Title 3A, part 2, of the California Code of Civil Procedure, relating to vexatious litigants, are hereby adopted as a procedural Rule of this Court on the basis of which the Court may order the ...

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