Monaghan

Monaghan v. Trebex

Good Law
35 F. App'x 651
United States Court of Appeals for the Ninth CircuitMay 28, 2002No. 01-16560; D.C. No. CV-01-00938-WHACalifornia386 words

Opinion

Lead Opinion

MEMORANDUM **

Andrew Monaghan appeals pro se the dismissal of his “invidious discrimination” action against various television personalities and entertainment executives and the district court’s order designating him as a vexatious litigant. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissals pursuant to 28 U.S.C. § 1915 (e)(2). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998). We review the entry of a vexatious litigant order for abuse of discretion. De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir.1990). We affirm.

Monaghan’s claim that he is the object of a nationwide conspiracy, wherein various television personalities terrorize him over the airwaves with verbal threats and menacing gestures, lacks an arguable basis in either law or fact, and is therefore frivolous. See Martin v. Sias, 88 F.3d 774, 775 (9th Cir.1996). The district court properly dismissed without leave to amend, because amendment would be futile. See Cato v. United States, 70 F.3d 1103, 1106 (9th Cir.1995).

To maintain general access to the courts while safeguarding against abusively excessive litigation, a court must satisfy four prerequisites before entering a vexatious…

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