John Shek v. Children Hospital Research Cen

Good Law
592 F. App'x 575
United States Court of Appeals for the Ninth CircuitJanuary 30, 201514-15405California288 words

Opinion

Opinion

MEMORANDUM

John Shek appeals pro se from the district court’s order imposing a pre-filing restriction on him as a vexatious litigant. We have jurisdiction under 28 U.S.C. § 1291 . We reviéw for an abuse of discretion, Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1056-57 (9th Cir.2007) (per curiam), and we affirm.

The district court did not abuse its discretion by declaring Shek a vexatious litigant and entering a pre-filing order against him after providing him notice and an opportunity to be heard, developing an adequate record for review, making substantive findings regarding Shek’s harassing litigation history, and tailoring the restriction narrowly. See Molski, 500 F.3d at 1057-61 (discussing factors for imposing pre-filing restrictions).

The district court did not abuse its discretion by denying Shek’s motions to vacate the order because Shek failed to es tablish grounds for such relief. See Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-68 (9th Cir.1993) (setting forth standard of review and factors for reconsideration under Fed. R.Civ.P. 59(e) and 60(b)).

We reject Shek’s contentions regarding the district court’s jurisdiction to impose…

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