Richard Scott v. Kelly Cunningham

MEMORANDUM

Richard Roy Scott appeals pro se from the district court’s order imposing monetary sanctions and judgment dismissing his 42 U.S.C. § 1983 action with prejudice for failure to comply with the sanctions order. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion the district court’s entry of monetary sanctions, Primus Auto. Fin. Servs., Inc. v. Batarse, 115 F.3d 644, 648 (9th Cir. 1997), and its sanction of dismissal of the case with prejudice, Malone v. U.S. Postal Serv., 833 F.2d 128, 130 (9th Cir.1987). We affirm.

The district court did not abuse its discretion in imposing monetary sanctions because the record supports its conclusion that Scott knowingly filed duplicative and frivolous motions. See Leon v. IDX Sys. Corp., 464 F.3d 951, 958 (9th Cir.2006) (district court’s bad faith findings are reviewed for clear error); Fink v. Gomez, 239 F.3d 989, 991 (9th Cir.2001) (“[T]he district court has the inherent authority to impose sanctions for bad faith, which includes a broad range of willful improper conduct.”); Botarse, 115 F.3d at 649 (bad faith finding is warranted where litigant “knowingly or recklessly raises a frivolous argument, or…