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No. 8688172
United States Court of Appeals for the Ninth Circuit
Agbaosi v. United States
No. 8688172 · Decided July 30, 2008
No. 8688172·Ninth Circuit · 2008·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 30, 2008
Citation
No. 8688172
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** George G. Romain, a California attorney, appeals pro se from the district court’s order sanctioning him sua sponte pursuant to Rule 11 of the Federal Rules of Civil Procedure. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for abuse of discretion, Retail Flooring Dealers of Am., Inc. v. Beaulieu of Am., LLC, 339 F.3d 1146 , 1150 (9th Cir.2003), and we vacate. The district court abused its discretion in failing to apply the “contempt of court” standard laid out by this court for Rule 11 sua sponte sanctions. United Nat’l Ins. Co. v. R & D Latex Corp., 242 F.3d 1102, 1116 (9th Cir.2001) (holding that sua sponte Rule 11 sanctions, for which there is no “safe harbor” for attorneys to correct or withdraw their challenged filings, should ordinarily be imposed only in situations that are akin to contempt of court). VACATED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
Romain, a California attorney, appeals pro se from the district court’s order sanctioning him sua sponte pursuant to Rule 11 of the Federal Rules of Civil Procedure.
Key Points
01Romain, a California attorney, appeals pro se from the district court’s order sanctioning him sua sponte pursuant to Rule 11 of the Federal Rules of Civil Procedure.
02We review for abuse of discretion, Retail Flooring Dealers of Am., Inc.
03Beaulieu of Am., LLC, 339 F.3d 1146 , 1150 (9th Cir.2003), and we vacate.
04The district court abused its discretion in failing to apply the “contempt of court” standard laid out by this court for Rule 11 sua sponte sanctions.
Frequently Asked Questions
Romain, a California attorney, appeals pro se from the district court’s order sanctioning him sua sponte pursuant to Rule 11 of the Federal Rules of Civil Procedure.
FlawCheck shows no negative treatment for Agbaosi v. United States in the current circuit citation data.
This case was decided on July 30, 2008.
Use the citation No. 8688172 and verify it against the official reporter before filing.