California Case Summaries

Charles Wunderlich v. Allred, et al. — District Court Denies Reconsideration of Order Striking Motions Filed in Violation of Filing Limit

Unreported / Non-Citable

Case
Charles Wunderlich v. Allred, et al.
Court
U.S. District Court — Eastern District of California
Judge
Troy L. Nunley
Date decided
2026-10-27
Docket No.
2:24-cv-01847
Topics
motion for reconsideration, magistrate judge review, clearly erroneous or contrary to law standard, filing restriction, striking motions, litigation sanctions, frivolous filings, Local Rule 303(f)

Disposition notice

On October 26, 2026, Chief U.S. District Judge Troy L. Nunley of the Eastern District of California denied plaintiff Charles Wunderlich's motion for reconsideration (ECF No. 102) of a magistrate judge's July 14, 2026 order terminating two of his motions. The magistrate judge had terminated the motions because they were filed during a thirty-day period beginning June 11, 2026, in which a prior limiting order (ECF No. 66) barred the plaintiff from filing additional motions, a restriction based on the magistrate judge's finding that the plaintiff had filed a number of frivolous motions in the preceding month. Reviewing under E.D. Cal. Local Rule 303(f), the court upheld the order, finding the motions were properly struck as violating the limiting order and that the magistrate judge's ruling was not clearly erroneous or contrary to law, citing the district court's power to strike items from the docket as a sanction for litigation conduct under Ready Transportation, Inc. v. AAR Manufacturing, Inc., 627 F.3d 402, 404 (9th Cir. 2010).

Read the public order

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