Ellis

Ellis v. Emery

Good Law
315 F. App'x 5
United States Court of Appeals for the Ninth CircuitJanuary 4, 2008No. 07-15109California382 words

Opinion

Lead Opinion

MEMORANDUM **

William Ellis appeals pro se the bankruptcy court’s order deeming him to be a vexatious litigant and imposing a prefiling review requirement. The bankruptcy court has the authority to impose such a sanction. See In re Dyer, 322 F.3d 1178, 1196 (9th Cir.2003) (“The inherent sanction authority allows a bankruptcy court to deter ... improper litigation tactics.”); In re Rainbow Magazine, 77 F.3d 278, 284 (9th Cir.1996) (“[B]ankruptcy courts have the inherent power to sanction vexatious conduct presented before the court.”). The sanction is not “punitive” and therefore does not exceed the bankruptcy court’s inherent authority. See Dyer, 322 F.3d at 1197 .

Ellis received sufficient notice in the bankruptcy court’s show cause order that incorporated by reference a prior order detailing Ellis’s “improper, fraudulent and illegal behavior.” Moreover, he was permitted to respond to the allegations before the court imposed the sanction. See Lasar v. Ford Motor Co., 399 F.3d 1101, 1110 (9th Cir.2005) (noting sanctions require only “notice and an opportunity to be heard”). Finally, the court’s order was sufficiently “narrowly tailored.” See Molski v. Evergreen Dynasty Corp.,…

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