McMahon

McMahon v. Pier 39, Ltd. Partnership

Good Law
54 F. App'x 645
United States Court of Appeals for the Ninth CircuitJanuary 16, 2003No. 02-15451; D.C. No. CV-01-03247-CRBCalifornia294 words

Opinion

Lead Opinion

MEMORANDUM **

Patrick McMahon appeals pro se the district court’s order imposing sanctions pursuant to Federal Rule of Civil Procedure 11, following the dismissal of his 12th action involving these same defendants. We have jurisdiction pursuant to 28 U.S.C. § 1291 , we review for an abuse of discretion, Truesdell v. So. Cal. Permanente Med. Gp., 293 F.3d 1146, 1151 (9th Cir. 2002), and we affirm.

The district court did not abuse its discretion by imposing sanctions in the amount of defendants’ attorney’s fees. See Fed.R.Civ.P. 11(c)(2). The district court had ample evidence to support its conclusion that McMahon lacked a good faith basis to file this action and that he brought it for an improper purpose. See Truesdell, 293 F.3d at 1153-54 (concluding that Rule 11 sanction of dismissal may be appropriate where complaint is frivolous and lacks evidentiary support); Townsend v. Holman Consulting Corp., 929 F.2d 1358,1366 (9th Cir.1990) (en banc) (concluding that improper purpose may be determined by party’s objectively manifested outward behavior).

We are unpersuaded by McMahon’s contention that the district court lacked jurisdiction to impose sanctions following his voluntary…

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