(PC)Gaines

(PC)Gaines v. Beaver

Good Law
United States District Court, Eastern District of CaliforniaDecember 10, 20191:16-cv-01689California1,666 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARY LEE GAINES, Case No.: 1:16-cv-01689-LJO-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATION

TO DENY DEFENDANT’S MOTION FOR

v. ORDER REQUIRING PLAINTIFF TO POST

SECURITY

OFFICER BEAVER, (Doc. 42) Defendant.

16 Defendant Beavers moves the Court for an order requiring Plaintiff to post security pursuant to Local Rule 151(b). (Doc. 42.) Plaintiff has not filed an opposition or statement of non-opposition to Defendant’s motion, and the time to do so has passed. Local Rule 230(l). The Court deems the motion submitted. For the reasons set forth below, the Court RECOMMENDS that Defendant’s motion be DENIED. I. LEGAL STANDARD “The All Writs Act, 28 U.S.C. § 1651(a), provides district courts with the inherent power to enter pre-filing orders against vexatious litigants.” Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1057 (9th Cir. 2007) (citation omitted). Such sanctions seek to restrain the “[f]lagrant abuse…

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