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MICHAEL R. OLSEN and SHEILA OLSEN, Plaintiffs, v. COMMISSIONER OF INTERNAL REVENUE SERVICE et al., Defendants.

ORDER

FRANK DAMRELL, Judge

Plaintiffs, proceeding pro se, filed the above-entitled action. The matter was referred to a United States Magistrate Judge pursuant to Local Rule 72-302(c)(21).

On May 14, 2001, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice to the parties that any objections to the findings and recommendations were to be filed within ten days. No objections to the findings and recommendations have been filed.

The court has reviewed the file and finds the findings and recommendations to be supported by the record and by the magistrate judge's analysis. Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed May 14, 2001, are adopted in full;

2. Plaintiffs, or either of them, shall not initiate any further pro se action in this

court unless the pleadings initiating the action are accompanied by a declaration under penalty of perjury that explains why plaintiffs believe they have meritorious claims. The declaration shall include a list of all previous actions plaintiffs have filed in this or any court, identifying named defendants and all claims made in the previous actions. Plaintiffs shall certify that the defendants named in the proposed action have never before been sued by plaintiffs, or alternatively that any claims against previously sued defendants are not related to previous action[s]. Should judges or governmental officials be named as defendants, plaintiffs shall demonstrate why such defendants are not immune from suit. Moreover, plaintiffs must attach to the declaration an opinion from a lawyer that the claims they wish to present are colorable. Finally, plaintiffs shall show cause why the Judge who reviews the proposed action should not require them to post a bond;

3. The Clerk shall not file or lodge any action filed pro se by plaintiffs, or either of them, unless it is accompanied by the required declaration; any such incomplete filings shall be returned to plaintiff without further action of the court; and

4. If plaintiffs, or either of them, files a pro se action accompanied by the required declaration, the Clerk shall open the matter as a miscellaneous case to be considered by any judge of the Eastern District in accordance with DeLong v. Hennessey, 912 F.2d 1144, 1149 (9th Cir. 1990) and Franklin v. Murphy, 745 F.2d 1221, 1232 (9th Cir. 1984). The judge will issue necessary orders after making a determination whether the case should be filed under the appropriate standards and pertinent law.

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OLSEN v. COMMISSIONER OF INTERNAL REVENUE SERVICE, (E.D.Cal. 2001)
(Jun 11, 2001)