Franklin Smith v. Cpl. D. Beavers ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6268
FRANKLIN C. SMITH,
Plaintiff - Appellant,
v.
CPL D.N. BEAVERS, Corporal; CPL. UZZLE, Corporal/Intel; D.A. TAYLOR,
Deputy/Intel; B.F. ROZAS, Deputy/Intel; J. VARGAS, Captain; CPL. DEVO,
Corporal; CPL. CHRISTIE, Corporal; CPL. BRYANT, Corporal,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Mark S. Davis, Chief District Judge. (2:17-cv-00336-MSD-LRL)
Submitted: August 25, 2020 Decided: September 1, 2020
Before KING and FLOYD, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Vacated and remanded by unpublished per curiam opinion.
Franklin C. Smith, Appellant Pro Se. Jeff W. Rosen, PENDER & COWARD, PC, Virginia
Beach, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Franklin C. Smith appeals the dismissal of his 42 U.S.C. § 1983 action as a sanction
for abusive litigation tactics. While we express no opinion on the propriety of dismissal as
a sanction for Smith’s behavior during the course of the litigation, the district court should
have given Smith, a pro se litigant, notice that sanctions were under consideration and an
opportunity to respond before exercising its inherent authority and dismissing his claims.
Cf. Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 1975) (holding that court must
provide notice of requirements of summary judgment rule before granting summary
judgment against pro se litigant). We therefore vacate the district court’s order and remand
for further proceedings. Smith’s Motion to Compel Petition for the Cease and Desist Order
is denied. We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
VACATED AND REMANDED
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