Adams v. Jones

Fourth Circuit

Adams v. Jones

281 F. App'x 214

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 17, 2008

Docket07-2124, 08-1206

StatusUnpublished

This text of 281 F. App'x 214 (Adams v. Jones) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams v. Jones, 281 F. App'x 214 (4th Cir. 2008).

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Opinion

PER CURIAM:

Jerry Adams appeals the district court’s orders dismissing his motion filed under Fed.R.Civ.P. 60(b), and imposing sanctions pursuant to Fed.R.Civ.P. 11, in the amount of $3500. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Adams v. Jones, No. 2:05-cv-00434-RBS (E.D.Va. Oct. 25, 2007; Nov. 14, 2007; Jan. 2, 2008; Jan. 22, 2008). We also grant Adams’ unopposed motion to dismiss C. Phillips Ferguson as a party, and we deny Adams’ motion for discovery.

Turning to Appellee Ferguson’s motion for damages and costs under Fed. R.App. P. 38, we deny the motion in light of the sanctions imposed by the district court and the fact that Adams has not filed numerous frivolous appeals in the past. Cf. Foley v. Fix, 106 F.3d 556, 558 (4th Cir.1997) (imposing $500 in damages and costs where appellant filed twenty-three appeals in one year); Vestal v. Clinton, 106 F.3d 553, 555 (4th Cir.1997) (finding sanctions warranted for seven frivolous appeals in one year). We warn Adams, however, that his continued pursuit of frivolous claims in this court may result in the award of damages or costs or other sanctions under Rule 38.

We 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.

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PER CURIAM:

Jerry Adams appeals the district court’s orders dismissing his motion filed under Fed.R.Civ.P. 60(b), and imposing sanctions pursuant to Fed.R.Civ.P. 11, in the amount of $3500. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Adams v. Jones, No. 2:05-cv-00434-RBS (E.D.Va. Oct. 25, 2007; Nov. 14, 2007; Jan. 2, 2008; Jan. 22, 2008). We also grant Adams’ unopposed motion to dismiss C. Phillips Ferguson as a party, and we deny Adams’ motion for discovery.

Turning to Appellee Ferguson’s motion for damages and costs under Fed. R.App. P. 38, we deny the motion in light of the sanctions imposed by the district court and the fact that Adams has not filed numerous frivolous appeals in the past. Cf. Foley v. Fix, 106 F.3d 556, 558 (4th Cir.1997) (imposing $500 in damages and costs where appellant filed twenty-three appeals in one year); Vestal v. Clinton, 106 F.3d 553, 555 (4th Cir.1997) (finding sanctions warranted for seven frivolous appeals in one year). We warn Adams, however, that his continued pursuit of frivolous claims in this court may result in the award of damages or costs or other sanctions under Rule 38.

We 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.

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281 F. App'x 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-jones-ca4-2008.

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