(PS) McDaniel v. USA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TANYA GRACE McDANIEL, No. 2:15-cv-2627-KJM-EFB PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS UNITED STATES OF AMERICA, et al., Defendants. 16 On August 30, 2017, the court declared plaintiff a “vexatious litigant” as defined under California law and imposed pre-filing restrictions on her. ECF No. 19. On appeal, the U.S. Court of Appeals for the Ninth Circuit vacated that order and remanded the case with instructions “to make explicit substantive findings as to the frivolousness or harassing nature of [plaintiff]’s prior filings and . . . to tailor narrowly the pre-filing order to the abuses.” ECF No. 24 at 3. On August 14, 2018, the district judge referred the matter to the undersigned via minute order. ECF No. 25. As discussed below, the court finds that a pre-filing order is not necessary and therefore recommends that no order issue declaring plaintiff a vexatious litigant. District courts have the inherent power…