Cde
Stewart v. State of California Department of Education
Opinion
Opinion
MEMORANDUM
Lindsey E. Stewart, Jason P. Stewart, and Caitlin N. Stewart appeal pro se from the district court’s order granting defendants’ request to waive further proceedings in connection with their motion for a vexatious litigant determination, treating the motion as withdrawn, and closing the case. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. M.M. v. Lafayette Sch. Dist., 681 F.3d 1082, 1086 (9th Cir.2012). We affirm.
The district court did not abuse its discretion because it reasonably treated defendants’ request as a motion to withdraw, and its decision resulted in no harm or prejudice to Lindsey E. Stewart, given that the order declaring her a vexatious litigant had been vacated. See Latshaw v. Trainer Wortham & Co., Inc., 452 F.3d 1097, 1100 (9th Cir.2006) (under the abuse of discretion standard, a district court can be reversed only if it does not apply the correct law, rests its decision on a clearly erroneous finding of material fact, or applies the correct legal standard in a manner that results in an abuse of discretion); see also Stewart v. Cal. Dep’t of Educ., 493 Fed.Appx. 889 (9th Cir.2012).