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 provide security in the amount of $850 after having been declared a vexatious litigant. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.1995) (per curiam) (dismissal pursuant to local rules); De Long v. Hennessey, 912 F.2d 1144 , 1146 (9th Cir.1990) (vexatious litigant pre-filing review orders). We vacate and remand.

Although the district court found that Tyler met the definition of a vexatious litigant under California law and the local rules of court, see Cal.Civ.Proc.Code § 391(b)(1)(i) (West 2012); E.D. Cal. R. 65.1—151(b), federal law requires that pre-filing review orders imposed on vexatious litigants must be “narrowly tailored to the plaintiffs claimed abuses,” and before entering such an order, the district court is required to make “explicit substantive findings as to the frivolousness or harassing nature of the plaintiffs filings.” O’Loughlin v. Doe, 920 F.2d 614, 618 (9th Cir.1990) (reversing pre-filing review order that was not narrowly tailored…