Hammler

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, Case No.: 17-CV-1185-AJB(WVG)

Plaintiff,

REPORT AND

v. RECOMMENDATION ON

DEFENDANT’S MOTION TO

DISMISS FIRST AMENDED

F. AVILES, COMPLAINT

Defendant. [Doc. No. 31.] 17 Plaintiff Allen Hammler, a vexatious state prisoner proceeding pro se and in forma pauperis, filed an amended complaint that—without leave of Court—added multiple new claims against Aviles. This despite the Court’s clear directive that any amended complaint was to address only previously-dismissed Count Three. Defendant now moves to dismiss the First Amended Complaint based on Plaintiff’s violation of the Court’s Order. This Court also notes that while the Court declared Plaintiff a vexatious litigant in a separate case, it appears that Order has been limited to that case only. Accordingly, this Court now sua sponte considers whether the Court’s Order should be extended to this…