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Earls v. Greenwood
3:19-cv-01317
N.D. Cal.
Jun 11, 2019
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Case Information

*1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MARI-LYNNE EARLS, Case No. 19-cv-01317-VC Plaintiff, ORDER RE REPORT AND

v. RECOMMENDATION TO DISMISS Re: Dkt. No. 8 MARY J. GREENWOOD,

Defendant.

The Court adopts the Magistrate Judge’s Report and Recommendation in part. To the extent Earls challenges the decision to declare her a vexatious litigant, her lawsuit is barred by the Rooker-Feldman doctrine (not to mention res judicata). To the extent Earls contends that the defendant violated her First Amendment rights by precluding her from appealing the vexatious litigant determination without first seeking permission, such a claim does not appear to be barred by the Rooker-Feldman doctrine (although the claim may be barred for any number of reasons relating to timeliness, preclusion, immunity, or failure to state a claim). Accordingly, a response to the complaint is due 21 days from the date of this order.

IT IS SO ORDERED.

Dated: June 11, 2019

______________________________________ VINCE CHHABRIA United States District Judge

Case Details

Case Name: Earls v. Greenwood
Court Name: District Court, N.D. California
Date Published: Jun 11, 2019
Docket Number: 3:19-cv-01317
Court Abbreviation: N.D. Cal.
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