Peter Harrell v. Hornbrook Community Services

U.S. Court of Appeals for the Ninth Circuit

Peter Harrell v. Hornbrook Community Services

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 24 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

PETER T. HARRELL, No. 18-16562

Plaintiff-Appellant, D.C. No. 2:14-cv-01595-KJM- GGH v.

HORNBROOK COMMUNITY SERVICES MEMORANDUM* DISTRICT, a California Municipal Corporation; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, District Judge, Presiding

Submitted September 18, 2019**

Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.

Peter T. Harrell appeals pro se from the district court’s order granting

defendants’ motion for attorney’s fees and costs in his action alleging a variety of

federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). review for an abuse of discretion a district court’s award of 28 U.S.C. § 1927

sanctions. Wages v. IRS, 915 F.2d 1230, 1235 (9th Cir. 1990). We affirm.

The district court did not abuse its discretion by awarding fees and costs to

defendants as a sanction under § 1927 because Harrell “evidenced bad faith in

multiplying the proceedings in this case unreasonably and vexatiously.” Id.

(citation and internal quotation marks omitted); see also id. at 1235-36 (“Section

1927 sanctions may be imposed upon a pro se plaintiff.”).

AFFIRMED.

2 18-16562

Reference

Status
Unpublished