Gilbert Lau,
pro se,
appeals from a sua sponte oral order entered by the United States District Court for the Southern Distinct of New York (McMahon, /.), enjoining him from filing in that district any action on the same underlying facts unless he first submits the complaint to a United States Magistrate Judge for vetting. Lau raised three other issues on appeal which we reject in an unpublished summary order also filed today.
See Lau v. Med-daugh,
No. 99-9363,
Background
We recount only the facts that bear upon the issue addressed in this opinion. This case is the latest in a series of frivolous state and federal actions filed by Lau. Between 1996 and 1999, Lau filed at least two state and three federal actions involving the same underlying facts against, inter alia, Sullivan County, the Clerk of the County and its District Attorney, and a state court judge. Lau has taken two appeals and sought one mandamus petition before this Court. 1 In June 1999, Lau fifed the present civil rights action in the district court against the state court judge and the other parties involved in his second state court suit. •
At a pretrial conference, the district court dismissed the complaint sua sponte under 28 U.S.C. § 1915(e)(2)(B)(i) and (iii). In addition, without prior notice, the court sua sponte ordered Lau to show cause why a filing injunction should not be issued, and immediately heard Lau’s argument against the proposed sanction. The district court then verbally enjoined Lau from filing any further lawsuits arising out of the underlying incidents in the Southern District of New York without prior approval by a magistrate judge. However, the district court did not memorialize the injunction in a written order. On appeal, *123 Lau argues that the district court violated his right to due process by affording him no prior notice that he might be subject to the filing injunction.
Discussion
The district courts have the power and the obligation to protect the public and the efficient administration of justice from individuals who have a “history of litigation entailing ‘vexation, harassment and needless expense to [other parties]’ and ‘an unnecessary burden on the courts and their supporting personnel.’”
In re Martin-Trigona,
However, “[t]he unequivocal rule in this circuit is that the district court may not impose a filing injunction on a litigant
sua sponte
without providing the litigant with notice and an opportunity to be heard.”'
Moates v. Barkley,
In advance of the pretrial conference at which the injunction was considered, Lau was entitled to notice sufficient to allow him to prepare a response.
See Weitzman v. Stein,
Finally, we note that the district court did not memorialize the oral order in a formal injunction. Federal Rule of Civil Procedure 65(d), which provides the standards for the form and scope of injunctions, contemplates the issuance of a written order.
See
Fed.R.Civ.P. 65(d). The provisions of this rule “are no mere technical requirements.”
2
Schmidt v. Lessard,
Conclusion
The oral order enjoining Lau from filing additional claims is vacated, and this case is remanded to the district court for fur *124 ther proceedings consistent with this opinion.
Notes
.
See Lau
v.
Sullivan Cty. Dist. Att’y,
. A court’s failure to comply with the specific requirements of this rule does not render the injunction void.
See. Clarkson Co.
v.
Shaheen,
