Smith v. City of Fresno

Good Law
United States District Court, Eastern District of CaliforniaMay 8, 20251:25-cv-00420California838 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CANDACE SMITH, ) Case No.: 1:25-cv-0420 JLT BAM ) Plaintiff, ) ORDER TO SHOW CAUSE WHY PLAINTIFF ) SHOULD NOT BE DECLARED A VEXATIOUS v. ) LITIGANT ) CITY OF FRESNO, et al., ) ) Defendants. ) ) )

Candace Smith is proceeding pro se and in forma pauperis in this action, as she has in each case filed before this Court. Because Plaintiff has an extensive history of frivolous and repetitive litigation in this district, Plaintiff SHALL show cause as to why she should not be declared a vexatious litigant and subjected to pre-filing conditions. Courts have authority to issue pre-filing orders that restrict a litigant’s ability to initiate court proceedings. De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir. 1990). The Ninth Circuit observed that “pre-filing orders are an extreme remedy that should rarely be used.” Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1057 (9th…

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