Butler v. Munoz

Fifth Circuit

Butler v. Munoz

100 F. App'x 993

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 21, 2004

Docket03-11002

StatusUnpublished

This text of 100 F. App'x 993 (Butler v. Munoz) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Butler v. Munoz, 100 F. App'x 993 (5th Cir. 2004).

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Opinion

PER CURIAM: *

Michael Scott Butler, Texas prisoner # 574009, appeals the Fed.R.Civ.P. 11 dismissal with prejudice of his 42 U.S.C. § 1983 complaint for providing false information concerning his litigation history. We hold that the district court’s choice of sanction “exeeed[ed] the bounds of discretion” of Fifth Circuit jurisprudence. See Mendoza v. Lynaugh, 989 F.2d 191, 195-97 (5th Cir.1993); cf. Mayfield v. Klevenhagen, 941 F.2d 346, 348 (5th Cir.1991). The district court must impose the least severe sanction adequate. Mendoza, 989 F.2d at 197. The judgment of dismissal is therefore VACATED and the case REMANDED for imposition of a less onerous sanction.

VACATED AND REMANDED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Michael Scott Butler, Texas prisoner # 574009, appeals the Fed.R.Civ.P. 11 dismissal with prejudice of his 42 U.S.C. § 1983 complaint for providing false information concerning his litigation history. We hold that the district court’s choice of sanction “exeeed[ed] the bounds of discretion” of Fifth Circuit jurisprudence. See Mendoza v. Lynaugh, 989 F.2d 191, 195-97 (5th Cir.1993); cf. Mayfield v. Klevenhagen, 941 F.2d 346, 348 (5th Cir.1991). The district court must impose the least severe sanction adequate. Mendoza, 989 F.2d at 197. The judgment of dismissal is therefore VACATED and the case REMANDED for imposition of a less onerous sanction.

VACATED AND REMANDED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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100 F. App'x 993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-munoz-ca5-2004.

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