Nester v. Analostan Homes Ass'n ( 2003 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 02-2082
    ROBERT NESTER,
    Plaintiff - Appellant,
    versus
    ANALOSTAN HOMES ASSOCIATION, INCORPORATED,
    Defendant - Appellee.
    No. 02-2323
    ROBERT NESTER,
    Plaintiff - Appellee,
    versus
    ANALOSTAN HOMES ASSOCIATION, INCORPORATED,
    Defendant - Appellant.
    Appeals from the United States District Court for the Eastern
    District of Virginia, at Alexandria.  Claude M. Hilton, Chief
    District Judge. (CA-02-88-A)
    Submitted:   May 8, 2003                     Decided:   June 9, 2003
    Before WILKINSON, NIEMEYER, and WILLIAMS, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Barry Weintraub, Stafford, Virginia, for Appellant.    Michael L.
    O’Reilly, THE O’REILLY LAW FIRM, Herndon, Virginia; Raymond J.
    Diaz, REES, BROOME & DIAZ, P.C., Vienna, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    2
    PER CURIAM:
    Robert Nester appeals the district court’s order awarding
    summary   judgment   to   Analostan      Homes   Association,   Inc.
    (“Analostan”), and dismissing his complaint brought pursuant to the
    Fair Housing Act, 
    42 U.S.C. §§ 3601-3619
     (2000).    Analostan cross-
    appeals claiming that the district court abused its discretion in
    denying Analostan’s motion for costs and fees under 
    42 U.S.C. § 3613
    (c).    We have reviewed the parties’ briefs and the joint
    appendix and find no reversible error.    Accordingly, we affirm on
    the reasoning of the district court. See Nester v. Analostan Homes
    Ass’n, Inc., No. CA-02-88-A (E.D. Va. filed Aug. 20, 2002 & entered
    Aug. 21, 2002; filed Sept. 26, 2002 & entered Oct. 1, 2002).     We
    remind Nester and his counsel that Fed. R. Civ. P. 11 requires that
    pleadings be filed with a good faith belief that they are not
    frivolous and that further failure to abide by the Rule is grounds
    for sanctions.   We dispense with oral argument because the facts
    and legal contentions are adequately presented in the materials
    before the court and argument would not aid the decisional process.
    AFFIRMED
    3
    

Document Info

Docket Number: 02-2082, 02-2323

Judges: Wilkinson, Niemeyer, Williams

Filed Date: 6/9/2003

Precedential Status: Non-Precedential

Modified Date: 11/6/2024