Opinion

Albanese v. Google (APPS)

Court
District Court, D. Nevada
Filed
Jun 8, 2021
Cited by
0 cases
Authority
More cited than 26.1%

The opinion

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2 UNITED STATES DISTRICT COURT

3 DISTRICT OF NEVADA

4 ***

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6 GRACE ALBANESE,

7 Plaintiff, 2:21-cv-01052-JAD-VCF

8 vs.

ORDER

9 GOOGLE (APPS),

APPLICATION TO PROCEED IN FORMA

10 Defendant. PAUPERIS (EFC NO. 1); COMPLAINT (ECF

NO. 1-1)

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Before the Court is pro se plaintiff Grace Albanese’s application to proceed in forma pauperis

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(ECF No. 1) and complaint (ECF No. 1-1). The Court strikes Albanese’s application and complaint

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(ECF Nos. 1 and 1-1) and directs the Clerk of Court to administratively close this case.

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This Court previously declared Albanese a vexatious litigant. See Albanese v. Federal Bureau of

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Investigations, Nevada District Court Case No. 2:17-cv-01599-JAD-VCF at ECF No. 7 at 5 (“Albanese

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is deemed a vexatious litigant under 28 U.S.C. § 1651(a), and she is ENJOINED and PROHIBITED

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from filing any new complaint, petition, or other action in this court without first obtaining leave from

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the Chief Judge of this court.”) (emphasis in original). This Court has the inherent power to strike

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material from the docket to control litigation conduct and to supervise the contents of that docket. Ready

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Transp., Inc. v. AAR, Mfg., 627 F.3d 402, 404-05 (9 Cir. 2010). The Court finds that plaintiff has not

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complied with this Court’s vexatious litigant order when she filed her application and complaint.

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Plaintiff will not be prejudiced because she can request leave of Court from the Chief Judge of this court

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if she wishes to file a meritorious action per the Court’s prior vexatious litigant order.

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1

1 Accordingly,

2 IT IS ORDERED that plaintiff Grace Albanese’s application to proceed in forma pauperis (ECF

3 |} No. 1) and complaint (ECF No. 1-1) is STRIKEN from the record.

4 IT IS FURTHER ORDERED that the Clerk of Court is directed to administratively CLOSE this

5 || case.

6 NOTICE

7 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and

8 || recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk

9 || of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal

10 |}may determine that an appeal has been waived due to the failure to file objections within the specified

11 |} time. Thomas vy. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file objections

12 || within the specified time and (2) failure to properly address and brief the objectionable issues waives the

13 || right to appeal the District Court's order and/or appeal factual issues from the order of the District Court.

14 || Martinez v. Yist, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452,

15 |} 454 (9th Cir. 1983). Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with

16 || the court of any change of address. The notification must include proof of service upon each opposing

17 || party’s attorney, or upon the opposing party if the party is unrepresented by counsel. Failure to comply

18 || with this rule may result in dismissal of the action.

19 IT IS SO ORDERED.

20 DATED this 8th day of June 2021.

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33 UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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