Philip Edward Kay V.

Good Law
481 F. App'x 398
United States Court of Appeals for the Ninth CircuitSeptember 25, 201211-55044California278 words

Opinion

Opinion

MEMORANDUM

Philip Edward Kay, an attorney, appeals pro se from the district court’s order imposing reciprocal discipline on him in light of Kay’s suspension from the practice of law by the California Supreme Court. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion, In re Corrinet, 645 F.3d 1141, 1145 (9th Cir.2011), and we affirm.

The district court did not abuse its discretion in imposing reciprocal discipline against Kay because he failed to establish by clear and convincing evidence that he was deprived of due process during the state proceedings; that there was insufficient proof of the misconduct that resulted in his suspension from the state bar; or that grave injustice would result from the imposition of reciprocal discipline. See In re Kramer, 282 F.3d 721, 724-25 (9th Cir.2002) (listing limited grounds for an attorney subject to discipline by another court to avoid a federal court’s imposition of reciprocal discipline, and setting forth attorney’s burden); see also In re Rosenthal, 854 F.2d 1187, 1188 (9th Cir.1988) (per curiam) (state court factual findings are entitled to a presumption of correctness).

Kay’s contention that the…

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