Wade
Wade v. Gilliland
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ELROY K. WADE, Plaintiff, No. C 10-00425 WHA
v.
WOODY GILLILAND, in his individual ORDER DENYING VEXATIOUS capacity; WILLIAM SMITHERMAN, in his LITIGANT’S MOTION TO VACATE 14 individual capacity; GEORGIA MARTIN, PRE-FILING ORDER in her individual capacity; ALICE YOUNG, in her individual capacity; SARAH NELSON, in her individual capacity; KATHYANN BATISTE, in her individual capacity; and BERLENE ROBERTS, in her individual capacity, 18 Defendants.
Pro se plaintiff Elroy K. Wade, a vexatious litigant, has yet again filed another motion — his third — challenging the imposition of his 2010 pre-filing order. Whereas Wade previously brought two motions for injunctive relief in 2019 and 2020 (Dkt. Nos. 137, 155), challenging the validity and constitutionality of the pre-filing order, which we denied (Dkt. Nos. 141, 160), he now brings a motion to vacate said order as “void” pursuant to Rule 60(b)(4) (Dkt. No. 162). Though the legal dressing has changed, the thrust…