Jennings

Antolin Andrews v. Jennings

Good Law
357 F. App'x 128
United States Court of Appeals for the Ninth CircuitDecember 8, 200908-35837California250 words

Opinion

Opinion

MEMORANDUM

Antolin Andrew Marks, an immigration detainee, appeals pro se from the district court’s order dismissing, pursuant to a pre-filing review order, his action brought under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for an abuse of discretion. Molski v. Evergreen Dynas ty Corp., 500 F.3d 1047, 1056-57 (9th Cir.2007) (per curiam) (entry of a pre-filing order against a vexatious litigant); In re Fillbach, 223 F.3d 1089, 1090 (9th Cir. 2000) (dismissal for failure to comply with a vexatious litigant order). We affirm.

The district court did not abuse its discretion by enforcing a pre-filing review order that had been issued after giving Marks notice and an opportunity to be heard, developing a record for review, making findings of previous harassment and frivolous filings, and narrowly tailoring the remedy. See Molski, 500 F.3d at 1057 (explaining four factors district courts must examine before entering pre-filing review orders).

The district court did not abuse its discretion by dismissing Marks’s action because he failed to comply with…

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.