Notice: Fourth Circuit I.O.P. 36.6 States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit. the West Virginia Department of Highways, Plaintiff--Appellee, v. Robert W. Hart, Defendant--Appellant., 915 F.2d 1566 (4th Cir. 1990)

Federal Circuits, Fourth Circuit (September 28, 1990)

Docket number: 90-2126

Permanent Link: http://vlex.com/vid/west-virginia-highways-robert-w-hart-37332847
Id. vLex: VLEX-37332847

Click here to download this article in graphic format (Acrobat Reader)

Document language

Request manual translation

Search in this document

Document options

Citations:

Loading article preview... cerrar

U.S. Court of Appeals for the Second Circuit - in the Matter of Hartford Textile Corporation, Oxford Chemicals, Inc., Wellington Print Works, Inc., Debtors. Rose Shuffman, as Executrix of the Estate of Oscar Shuffman, Appellant, v. Hartford Textile Corporation, Oxford Chemicals, Inc., Wellington Print Works, Inc., Appellees., 613 F.2d 388 (2nd Cir. 1979)

U.S. Court of Appeals for the Third Circuit - in Re Lonzy Oliver. Appeal of Lonzy Oliver., 682 F.2d 443 (3rd Cir. 1982)

U.S. Court of Appeals for the Ninth Circuit - Richard Charlton, Plaintiff-Appellant, v. Estate of Richard Charlton; James P. Dunlavey, Receiver; Cortez Development Corporation, an Arizona Corporation; Seventh Camel Associates, an Arizona Joint Venture, Defendants-Appellees., 841 F.2d 988 (9th Cir. 1988)

U.S. Court of Appeals for the Tenth Circuit - Anant Kumar Tripati, Plaintiff-Appellant, v. William C. Beaman, Defendant-Appellee., 878 F.2d 351 (10th Cir. 1989)

See other documents that cite the same legislation

Text:

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Robert Earl Maxwell, Chief District Judge. (CA-89-99-C)

Robert W. Hart, appellant pro se.

Jeffrey Jay Miller, West Virginia Department of Transportation, Charleston, W.V., for appellee.

N.D.W.Va.

AFFIRMED IN PART, VACATED IN PART, AND REMANDED.

Before SPROUSE and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

Robert W. Hart appeals from the district court's order denying his "petition for removal of state civil action into the federal court" and denying relief under 42 U.S.C. Sec . 1983. The court determined that Hart's petition was frivolous and his Sec. 1983 claim was barred by res judicata several times over and, without giving Hart an opportunity to respond, ordered the district court clerk "to reject any further filings from Robert W. Hart which relate to the condemnation of property located at 930 Maple Drive, Morgantown, West Virginia, upon which the former Bob's Bake Shop was located."

While the district court has authority to enjoin litigants from subjecting the court system to frivolous, repetitive and vexatious filings, it must not issue such an order sua sponte without first giving the litigant notice and an opportunity to be heard. See Tripati v. Beaman, 878 F.2d 351 (10th Cir.1989); Charlton v. Estate of Charlton, 841 F.2d 988 (9th Cir.1988); In re Oliver, 682 F.2d 443 (3d Cir.1982); Matter of Hartford Textile Corp., 613 F.2d 388 (2d Cir.1979). Accordingly, we vacate that part of the order enjoining Hart from further filings and remand for notice and an opportunity to be heard on the propriety of the injunction.

In all other respects, we find that this appeal is without merit, and we affirm on the reasoning of the district court. West Virginia Dep't of Highways v. Hart, CA-89-99-C (N.D.W.Va. Mar. 27, 1990). We grant leave to appeal in forma pauperis and 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 IN PART, VACATED IN PART, AND REMANDED