Michael Bruzzone v. Intel Corporation

facts that “allow[] the court to draw the reasonable inference that the defendant is

liable for the misconduct alleged”).

The district court declared Bruzzone a vexatious litigant and entered a

prefiling order requiring a reviewing judge to refuse to file any complaint

Bruzzone submits pro se against Intel Corporation. Although we affirm the

decision to declare Bruzzone a vexatious litigant and enter a pre-filing order

against him, the district court’s pre-filing order is not sufficiently narrowly-

tailored, as it does not allow the judge who reviews Bruzzone’s complaints the

discretion to allow complaints deemed non-frivolous or non-duplicative to be

filed. See Moy v. United States, 906 F.2d 467, 470-71 (9th Cir. 1990) (modifying a

district court prefiling review order deemed overly broad). We modify the relevant

22-15172 portion of the order as follows, with emphasis on the addition: “The Duty Judge

shall determine whether the case constitutes pro se litigation by Plaintiff against

Intel; if so, then the Duty Judge shall dismiss the action without comment pursuant

to this pre-filing order if the judge determines the complaint…