Richard Lewis v. Tyrone Duff

Good Law
422 F. App'x 640
United States Court of Appeals for the Ninth CircuitMarch 18, 201108-17314California508 words

Opinion

Opinion

ORDER

The memorandum disposition filed on November 23, 2010, is withdrawn. A replacement memorandum disposition will be filed concurrently with this order.

The panel has voted to deny the petition for panel rehearing.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R.App. P. 35.

Tyrone and Linda Duffs’ petition for panel rehearing and petition for rehearing en banc are denied.

No further filings shall be accepted in this closed appeal.

MEMORANDUM

Tyrone and Linda Duff appeal pro se from the district court’s judgment imposing monetary sanctions and entering a prefiling review order against them under its inherent power. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. F.J. Hanshaw Enters., Inc. v. Emerald River Dev., Inc., 244 F.3d 1128 , 1135 (9th Cir.2001); De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir. 1990). We vacate and remand.

The district court did not clearly err by finding that the Duffs engaged in bad faith conduct by willfully refusing to appear at hearings and by filing duplicative and frivolous documents, and thus…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.