Kissi v. Pramco II, LLC

Nov 23, 2010
09-6356
Versions:

David M. Kissi, Appellant Pro Se. Amy E. Askew, James Patrick Ulwick, Kramon & Graham, PA, Baltimore, Maryland, for Appellee DLA Piper.

Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

David Kissi appeals the district court‘s order dismissing as frivolous his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Kissi v. Pramco II, LLC, No. 1:08-cv-01174-GBL-JFA (E.D. Va. filed Mar. 4, 2009, and entered Mar. 6, 2009).

Appellee DLA Piper has moved, pursuant to Fed. R. App. P. 38, for an order enjoining Kissi from filing an action in any court, including state courts, without prior approval. We find the authority cited by DLA Piper to be unpersuasive in supporting such a blanket injunction. However, in light of Kissi‘s repeated abusive filings, we find sanctions appropriate. Accordingly, we grant the motion as follows: Kissi is hereby directed to pay DLA Piper the sum of $500; moreover, he is enjoined from filing any further actions in this court until this sanction is paid and a district court judge certifies that his claim is not frivolous.

We deny Kissi‘s motion for appointment of counsel, as well as all his remaining pending motions, 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.

David M. Kissi, Appellant Pro Se. Amy E. Askew, Kramon & Graham, PA, Baltimore, Maryland, for Appellee DLA Piper.

Before GREGORY, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

David Kissi appeals the district court‘s order dismissing as frivolous his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Kissi v. Pramco II, LLC, No. 8:09-cv-00267-AW (D.Md. Feb. 12, 2009).

Appellee DLA Piper has moved, pursuant to Fed. R. App. P. 38, for an order enjoining Kissi from filing an action in any court, including state courts, without prior approval. We find the authority cited by DLA Piper to be unpersuasive in support of such a blanket injunction. However, in light of Kissi‘s repeated abusive filings, we find sanctions appropriate. Accordingly, we grant the motion as follows: Kissi is hereby directed to pay DLA Piper the sum of $500; moreover, he is enjoined from filing any further actions in this court until this sanction is paid and a district court judge certifies that his claim is not frivolous.

We deny Kissi‘s motion for appointment of counsel, as well as all his remaining pending motions, 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.