Elonza Tyler v. Mike Knowles , 594 F. App'x 426 ( 2015 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                            FEB 27 2015
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                     U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    ELONZA JESSE TYLER,                               No. 14-15480
    Plaintiff - Appellant,            D.C. No. 2:08-cv-02222-ODW
    v.
    MEMORANDUM*
    MIKE KNOWLES; LORI JOHNSON,
    Defendants - Appellees.
    Appeal from the United States District Court
    for the Eastern District of California
    Otis D. Wright II, District Judge, Presiding**
    Submitted February 17, 2015***
    Before:         O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges.
    Elonza Jesse Tyler, a California state prisoner, appeals pro se from the
    district court’s judgment dismissing his action for failure to comply with a court
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The Honorable Otis D. Wright II, United States District Judge for the
    Central District of California, sitting by designation.
    ***
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    order and from the district court’s pre-filing order declaring him a vexatious
    litigant and ordering him to provide security. We have jurisdiction under 28
    U.S.C. § 1291. We review for an abuse of discretion. Molski v. Evergreen
    Dynasty Corp., 
    500 F.3d 1047
    , 1056 (9th Cir. 2007) (per curiam) (vexatious
    litigant pre-filing order); Pagtalunan v. Galaza, 
    291 F.3d 639
    , 640 (9th Cir. 2002)
    (dismissal for failure to comply with a court order). We affirm.
    The district court did not abuse its discretion by entering a pre-filing order
    against Tyler after providing him notice and an opportunity to be heard, developing
    an adequate record for review, making substantive findings regarding his frivolous
    litigation history, and tailoring the restriction narrowly. See 
    Molski, 500 F.3d at 1057-61
    (discussing factors for imposing pre-filing restrictions).
    The district court did not abuse its discretion by requiring Tyler to post a
    security after declaring him a vexatious litigant and finding that he did not have a
    reasonable probability of prevailing on the merits. See E.D. Cal. R. 151(b)
    (adopting the provisions of the California Code of Civil Procedure relating to
    ordering vexatious litigants to post a security); Simulnet E. Associates v. Ramada
    Hotel Operating Co., 
    37 F.3d 573
    , 574 (9th Cir. 1994) (setting forth the standard of
    review); Hamilton v. Keystone Tankship Corp., 
    539 F.2d 684
    , 686 (9th Cir. 1976)
    (“Rule 83 of the Federal Rules of Civil Procedure allows the district court to
    2                                     14-15480
    formulate local rules to the extent they are not inconsistent with the federal
    rules.”); Golin v. Allenby, 
    118 Cal. Rptr. 3d 762
    , 781 (2010) (imposition of a
    security upon a vexatious litigant will be upheld if there is substantial evidence to
    support the court’s determination that the plaintiff does not have a reasonable
    probability of prevailing in the action).
    The district court did not abuse its discretion in dismissing Tyler’s action
    because Tyler failed to comply with the court’s November 13, 2012 order to post a
    security despite being afforded significant time to do so. See 
    Pagtalunan, 291 F.3d at 642
    (discussing the factors for determining whether to dismiss for failure to
    comply with a court order).
    AFFIRMED.
    3                                    14-15480
    

Document Info

Docket Number: 14-15480

Citation Numbers: 594 F. App'x 426

Judges: O'Scannlain, Leavy, Fernandez

Filed Date: 2/27/2015

Precedential Status: Non-Precedential

Modified Date: 10/19/2024