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In re West

United States Court of Appeals, Ninth Circuit
Jan 2, 2014
552 F. App'x 624 (9th Cir. 2014)

Summary

affirming order

Summary of this case from West v. Lynch

Opinion

Submitted December 17, 2013

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)

Appeal from the United States District Court for the Western District of Washington. D.C. No. 3:11-mc-05022-RBL. Ronald B. Leighton, District Judge, Presiding.

In re: ARTHUR SCOTT WEST, I, In Re - Appellant, Pro se, Olympia, WA.

For PORT OF TACOMA, Amicus Curiae - Pending: Carolyn Lake, Attorney, Goodstein Law Group PLLC, Tacoma, WA.


Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Arthur Scott West appeals pro se from the district court's order imposing a pre-filing restriction on him as a vexatious litigant. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1056-57 (9th Cir. 2007) (per curiam). We affirm.

The district court did not abuse its discretion by imposing a pre-filing restriction against West after giving him notice and an opportunity to be heard, developing an adequate record for review, making findings regarding his frivolous litigation history, and tailoring the restriction to the specific vices encountered. See id. at 1057-61 (discussing the four factors for imposing pre-filing restrictions).

We reject West's contentions concerning the district court's jurisdiction to impose the pre-filing restriction, judicial bias, and the validity of the restriction and the " vexatious litigant standards" under federal and state law.

The Port of Tacoma's opposed motion for leave to file an amicus brief, filed on August 16, 2013, is denied. West's request for default and appointment of the U.S. Attorney as amicus curiae, set forth his opposition brief, is also denied.

West's motion for reconsideration, filed on September 27, 2013, is denied.

AFFIRMED.


Summaries of

In re West

United States Court of Appeals, Ninth Circuit
Jan 2, 2014
552 F. App'x 624 (9th Cir. 2014)

affirming order

Summary of this case from West v. Lynch
Case details for

In re West

Case Details

Full title:In re: ARTHUR SCOTT WEST, Appellant

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 2, 2014

Citations

552 F. App'x 624 (9th Cir. 2014)

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