Helen Ryan v. Timothy Hyden

MEMORANDUM

Helen E. Ryan appeals from the district court’s judgment dismissing all claims against all parties. Mykal S. Ryan, special administrator for the estate of John James Ryan, purports to appeal from the same judgment dismissing the action of plaintiff John James Ryan, who was deceased at the time the complaint was filed. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review a dismissal for failure to comply with a vexatious litigant order for abuse of discretion. In re Fillbach, 223 F.3d 1089, 1090 (9th Cir.2000). Here, the district court properly dismissed this case because it was filed in violation of a vexatious litigant order entered against Mykal Ryan. The defendants and subject matter of this case fall squarely within the terms of the order. Although Mykal S. Ryan is not a plaintiff, the record supports the district court’s conclusion that he is the individual litigating this action which he filed without obtaining court approval.

“Rulings on motions for recusal are reviewed under the abuse-of-discretion standard.” United States v. McTiernan, 695 F.3d 882, 891 (9th Cir.2012). The district court did not abuse its discretion by denying the motion…