Stimac

Stimac v. WIEKING

Good Law
785 F. Supp. 2d 847·2011 WL 1158562·2011 U.S. Dist. LEXIS 37373
United States District Court, Northern District of CaliforniaMarch 29, 2011Civil Case 10-3929-KICalifornia2,500 words

Opinion

Opinion

King, J.

OPINION AND ORDER

Plaintiff Philip Stimac brings this case against Richard Wieking, the Clerk of the United States District Court for the Northern District of California (the “District Court” and the “District”); Melinda Haag and Joseph Russoniello, the current and former United States Attorneys for the District; the (unnamed) judges of the District; and the District Court. Before the court are Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim upon which Relief may be Granted (# 22) and Defendants’ Motion for an Order Declaring Plaintiff a Vexatious Litigant and Subjecting Plaintiff to Certain Pre-filing Restrictions (# 28). The motions are brought by defendants Wieking, Russoniello, and Haag in their official capacities. Counsel for those three defendants also presents arguments concerning the claims against the judges and the District Court, but counsel has not appeared for those defendants. Stimac also asks to amend his Complaint. For the reasons below, I dismiss the action as to all defendants with prejudice.

DISCUSSION

I. Request for Judicial Notice

Defendants ask me to take judicial notice of District Court records,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.