Morgan

MEMORANDUM *

Plaintiff’s attorney Jon P. Webster appeals the district court’s order sanctioning him pursuant to 28 U.S.C. § 1927 . We review a district court’s imposition of section 1927 sanctions for abuse of discretion. Pacific Harbor Capital, Inc. v. Carnival Air Lines, 210 F.3d 1112, 1117 (9th Cir. 2000). We reverse the sanctions order.

Under section 1927, the district court may sanction an attorney who “multiplies the proceedings in any case unreasonably and vexatiously.” 28 U.S.C. § 1927 . This court has held that “ ‘section 1927 sanctions must be supported by a finding of subjective bad faith,’ which ‘is present when an attorney knowingly or recklessly raises a frivolous argument, or argues a meritorious claims for the purpose of harassing an opponent.’” B.K.B. v. Maui Police Dept., 276 F.3d 1091, 1107 (9th Cir. 2002) (quoting In re Keegan Mgmt. Co., Sec. Lit., 78 F.3d 431, 436 (9th Cir.1996)).

In support of sanctions, the district court found that Webster had “refused to dismiss [his client’s] action ... despite defense counsel’s letter ... requesting such dismissal,” and that he “simply had no legally justifiable reason for continuing to maintain this lawsuit once the…