Wade

Wade v. Gilliland

Good Law
United States District Court, Northern District of CaliforniaJanuary 13, 20213:10-cv-00425California372 words

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…

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