United States v. Danny Fabricant , 677 F. App'x 408 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 21 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50536
Plaintiff-Appellee, D.C. No. 2:03-cr-01257-RSWL
v.
MEMORANDUM*
DANNY JOSEPH FABRICANT,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
Ronald S.W. Lew, District Judge, Presiding
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Danny Joseph Fabricant appeals pro se from the district court’s order
declaring him a vexatious litigant and imposing a pre-filing restriction against him.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Fabricant contends that the district court lacked authority to impose the order
*
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).
and abused its discretion in doing so. We reject the argument. The district court
imposed the order after Fabricant’s direct appeal and 28 U.S.C. § 2255 habeas
petition were concluded. In this circumstance, the court acted within its authority.
See Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1057 (9th Cir. 2007) (“The
All Writs Act, 28 U.S.C. § 1651(a), provides district courts with the inherent
power to enter pre-filing orders against vexatious litigants.”); see also C.D. Cal.
Local Civil Rule 83-8.2; C.D. Cal. Local Criminal Rule 57-1. Moreover, the
district court did not abuse its discretion in imposing the order because it gave
Fabricant notice and an opportunity to be heard, developed an adequate record for
review, made substantive findings regarding Fabricant’s frivolous litigation
history, and tailored the restriction narrowly. See Molski, 500 F.3d at 1057-58
(discussing the four factors a district court must consider before imposing a pre-
filing restriction on a vexatious litigant).
AFFIRMED.
2 15-50536