(PC)Gaines
(PC)Gaines v. Beaver
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARY LEE GAINES, 1:16-cv-01689-LJO-JLT (PC)
Plaintiff, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
v. DEFENDANT’S MOTION FOR ORDER
REQUIRING PLAINTIFF TO POST
OFFICER BEAVER, SECURITY
Defendant. (Docs. 42, 45)
16 Plaintiff Mary Lee Gaines is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Defendant Beavers moves for an order requiring Plaintiff to post security pursuant to Local Rule 151(b). (Doc. 42.) On December 10, 2019, the assigned magistrate judge issued findings and recommendations to deny Defendant’s motion. (Doc. 45.) The magistrate judge found that, under federal law, Plaintiff’s prior litigation activity does not rise to the level of “vexatious,” thus Plaintiff should not be required to post…