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In re Holcomb

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 25, 2012
467 F. App'x 606 (9th Cir. 2012)

Opinion

No. 10-35796 D.C. No. 2:07-rd-0001-RSL D.C. No.3:10-mc-05020

01-25-2012

In re: JAMES BYRON HOLCOMB, JAMES BYRON HOLCOMB, Respondent - Appellant.


NOT FOR PUBLICATION


MEMORANDUM

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


Appeal from the United States District Court

for the Western District of Washington

Robert S. Lasnik, Chief Judge, Presiding

Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.

James Byron Holcomb appeals pro se from the district court's order imposing reciprocal discipline on him based on Holcomb's suspension from the practice of law by the Washington Supreme Court. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion, In re Corrinet, 645 F.3d 1141, 1145 (9th Cir. 2011), and we affirm.

The district court did not abuse its discretion in imposing reciprocal discipline against Holcomb because he failed to establish by clear and convincing evidence that he was deprived of due process; that there was insufficient proof of the misconduct that resulted in his stipulated suspension from the state bar; or that grave injustice would result from the imposition of reciprocal discipline. See In re Kramer, 282 F.3d 721, 724 (9th Cir. 2002) (listing limited grounds for an attorney subject to discipline by another court to avoid a federal court's imposition of reciprocal discipline, and setting forth attorney's burden); see also In re Rosenthal, 854 F.2d 1187, 1188 (9th Cir. 1988) (per curiam) (state court disciplinary findings are entitled to a presumption of correctness absent a showing of error).

Holcomb's remaining contentions, including those concerning reciprocal discipline being barred by res judicata or collateral estoppel, are unpersuasive.

AFFIRMED.


Summaries of

In re Holcomb

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Jan 25, 2012
467 F. App'x 606 (9th Cir. 2012)
Case details for

In re Holcomb

Case Details

Full title:In re: JAMES BYRON HOLCOMB, JAMES BYRON HOLCOMB, Respondent - Appellant.

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Jan 25, 2012

Citations

467 F. App'x 606 (9th Cir. 2012)