Elonza Tyler v. Mike Knowles

MEMORANDUM

Elonza Jesse Tyler, a California state prisoner, appeals pro se from the district court’s judgment dismissing his action for failure to comply with a court order and from the district court’s pre-filing order declaring him a vexatious litigant and ordering him to provide security. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1056 (9th Cir.2007) (per curiam) (vexatious litigant pre-filing order); Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir.2002) (dismissal for failure to comply with a court order). We affirm.

The district court did not abuse its discretion by entering a pre-filing order against Tyler after providing him notice and an opportunity to be heard, developing an adequate record for review, making substantive findings regarding his frivolous litigation history, and tailoring the restriction narrowly. See Molski, 500 F.3d at 1057-61 (discussing factors for imposing pre-filing restrictions).

The district court did not abuse its discretion by requiring Tyler to post a security after declaring him a vexatious litigant and finding that he did not have a reasonable…