Commercial Litigation and Arbitration

Revocation of Permission to Proceed In Forma Pauperis Appropriate Rule 11 Sanction for Misrepresentation — Appeals:: Issues Not Specifically & Distinctly Raised & Argued in Opening Brief Not Considered

DeVaughn v. Mannion, 2018 U.S. App. LEXIS 4468 (9th Cir. Feb. 23, 2018) (unpublished):

California state prisoner Michael Owen DeVaughn appeals pro se from the district court's order in his 42 U.S.C. § 1983 action revoking his application to proceed in forma pauperis as a sanction under Federal Rule of Civil Procedure 11. We have jurisdiction under 28 U.S.C. §1291. We review for an abuse of discretion. Islamic Shura Council of S. Cal. v. FBI, 757 F3d. 870, 872 (9th Cir. 2014). We affirm.

The district court did not abuse its discretion by revoking DeVaughn's motion to proceed in forma pauperis as a sanction under Rule 11 because DeVaughn's complaint misrepresented his prior federal litigation history. SeeWarren v. Guelker, 29 F.3d 1386, 1389-90 (9th Cir. 1994) (a pro se prisoner's misrepresentation about previous lawsuits may justify sanctions under Rule 11).

We do not consider issues or arguments not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).


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