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No. 8692930
United States Court of Appeals for the Ninth Circuit
Herrera v. United States
No. 8692930 · Decided July 28, 2014
No. 8692930·Ninth Circuit · 2014·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
July 28, 2014
Citation
No. 8692930
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Cenobio Humberto Herrera, Sr., 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 . We review for an abuse of discretion, see Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1056 (9th Cir.2007) (per curiam), and we affirm. The district court did not abuse its discretion by declaring Herrera a vexatious litigant and imposing a pre-filing restriction against him. The court gave Herrera notice and an opportunity to be heard, developed an adequate record for review, made findings regarding Herrera’s frivolous litigation history, and tailored the restriction narrowly. See id. at 1057-58 (discussing the four factors a district court must consider before imposing a pre-filing restriction on a vexatious litigant). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Cenobio Humberto Herrera, Sr., appeals pro se from the district court’s order declaring him a vexatious litigant and imposing a pre-filing restriction against him.
Key Points
01MEMORANDUM ** Cenobio Humberto Herrera, Sr., appeals pro se from the district court’s order declaring him a vexatious litigant and imposing a pre-filing restriction against him.
02Evergreen Dynasty Corp., 500 F.3d 1047, 1056 (9th Cir.2007) (per curiam), and we affirm.
03The district court did not abuse its discretion by declaring Herrera a vexatious litigant and imposing a pre-filing restriction against him.
04The court gave Herrera notice and an opportunity to be heard, developed an adequate record for review, made findings regarding Herrera’s frivolous litigation history, and tailored the restriction narrowly.
Frequently Asked Questions
MEMORANDUM ** Cenobio Humberto Herrera, Sr., appeals pro se from the district court’s order declaring him a vexatious litigant and imposing a pre-filing restriction against him.
FlawCheck shows no negative treatment for Herrera v. United States in the current circuit citation data.
This case was decided on July 28, 2014.
Use the citation No. 8692930 and verify it against the official reporter before filing.