Potter

Knox v. Potter

Good Law
130 F. App'x 918
United States Court of Appeals for the Ninth CircuitMay 16, 2005Nos. 04-15156, 04-15333California369 words

Opinion

Lead Opinion

MEMORANDUM **

Fred Knox appeals pro se the district court’s entry of a vexatious litigant order and the district court’s order granting defendants’ motion to dismiss on res judicata grounds. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the vexatious litigant order for abuse of discretion, De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir.1990), and the dismissal de novo, Western Radio Servs. Co. v. Glickman, 123 F.3d 1189 , 1192 (9th Cir.1997). We affirm.

The district court did not abuse its discretion in issuing a vexatious litigant order against Knox as it narrowly tailored the order, detailed Knox’s record of repeatedly relitigating the same controversy, and entered the order only after Knox filed a response to an order to show cause. See id. at 1147-48.

We reject Knox’s contention that the district court’s vexatious litigant order violates his due process rights. The order applies only to claims based on events that occurred before January 16, 2003, and will not impede his filing of complaints based on events after that date.

The district court properly dismissed Knox’s action on res judicata grounds. See Western Radio Servs. Co, 123 F.3d at 1192…

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