Spitters

Spitters v. Estate of Mary Ann Spitters

Good Law
United States District Court, Northern District of CaliforniaApril 4, 20203:19-cv-00629California948 words

Opinion

Trial Court Opinion

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

Plaintiff,

ORDER RE REPORT AND

v. RECOMMENDATION

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

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

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