Antolin Andrews v. Jennings ( 2009 )

FILED
NOT FOR PUBLICATION DEC 08 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANTOLIN ANDREW MARKS, No. 08-35837
Plaintiff - Appellant, D.C. No. 3:08-mc-05045-RSL
v.
MEMORANDUM *
JENNINGS, Assistant Field Office
Director of ICE; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Western District of Washington
Robert S. Lasnik, Chief District Judge, Presiding
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Antolin Andrew Marks, an immigration detainee, appeals pro se from the
district court’s order dismissing, pursuant to a pre-filing review order, his action
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
tk/Research
brought under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics,
403 U.S. 388 (1971). We have jurisdiction pursuant to 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) (entry of a pre-filing order against a
vexatious litigant); In re Fillbach, 223 F.3d 1089, 1090 (9th Cir. 2000) (dismissal
for failure to comply with a vexatious litigant order). We affirm.
The district court did not abuse its discretion by enforcing a pre-filing
review order that had been issued after giving Marks notice and an opportunity to
be heard, developing a record for review, making findings of previous harassment
and frivolous filings, and narrowly tailoring the remedy. See Molski, 500 F.3d at
1057 (explaining four factors district courts must examine before entering
pre-filing review orders).
The district court did not abuse its discretion by dismissing Marks’s action
because he failed to comply with the pre-filing review order, which required him to
submit an affidavit, signed under the penalty of perjury, verifying that he had not
previously litigated any issues raised in his proposed complaint.
Marks’s remaining contentions are unpersuasive.
AFFIRMED.
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