(PC) Magee v. Delaney ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RUCHELL CINQUE MAGEE No. 2:19-cv-1634 JAM DB P PREFILING ORDER, 12 Plaintiff, 13 ORDER v. 14 CAROLYN K. DELANEY, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has lodged1 this civil rights action seeking 18 relief under 42 U.S.C. § 1983. (See ECF No. 1). The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 22, 2020, plaintiff filed a “motion to stay pending litigations against double 21 jeopardy.” (ECF No. 3). As a vexatious litigant, plaintiff has yet to be granted permission to file 22 //// 23 24 1 Plaintiff has been deemed a vexatious litigant. As a result, pleadings brought by plaintiff are 25 not to be filed. Instead, they are simply to be lodged in order to verify the existence of any prerequisite certification. See generally Franklin v. Murphy, 745 F.2d 1221, 1232 (9th Cir. 26 1984), abrogated on other grounds by Neitzke v. Williams, 490 U.S. 319 (1989). Thereafter, 27 presuming in forma pauperis status is granted, such pleadings are also to be reviewed by the court for frivolity or maliciousness. See 28 U.S.C. § 1915(e)(2)(B). Such findings will foreclose the 28 filing of a complaint. MwA SAP VEY EMT VAIN AD □□□ OC Ee AY ee 1 | the instant complaint. (See generally ECF No. 2). Therefore, his motion to stay this action is 2 || premature, and it shall be denied as such. 3 Accordingly, IT IS HEREBY ORDERED that plaintiffs motion to stay this action (ECF 4 | No. 3) 1s DENIED as premature. 5 | Dated: June 17, 2020 g ORAH BARNES UNITED STATES MAGISTRATE JUDGE 9 | piB:13 DB/ORDERS/ORDERS.PRISONER.CIVIL RIGHTS/mage1634.stay.den 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28