Spitters

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 THOMAS HEATON SPITTERS, Case No. 3:19-cv-00629-JD

8 Plaintiff,

ORDER RE REPORT AND

9 v. RECOMMENDATION

10 ESTATE OF MARY ANN SPITTERS, Re: Dkt. No. 11 Defendant. 11

12 A magistrate judge filed a report and recommendation that the case be dismissed, that 13 plaintiff Thomas Heaton Spitters be declared a vexatious litigant, and that a pre-filing order 14 requiring him to obtain leave before filing any further suits against any defendants in this District 15 be entered. Dkt. No. 11. Plaintiff filed a response. Dkt. No. 14. The report and recommendation 16 is adopted in part. 17 I. DISMISSAL FOR FAILURE TO STATE A CLAIM 18 The recommendation of dismissal for failure to state a claim is well-reasoned, and amply 19 warranted. The case is dismissed without prejudice. 20 II. VEXATIOUS LITIGANT AND PRE-FILING ORDER 21 The Court appreciates and is sympathetic to the recommendation of a vexatious litigant 22 and pre-filing screening order. There is no doubt that…