UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1507
TIMOTHY LARRIMORE,
Plaintiff - Appellant,
v.
EXXON MOBIL OIL CORPORATION,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern. James C. Dever III,
District Judge. (7:06-cv-00008-FL)
Submitted: October 20, 2008 Decided: December 2, 2008
Before MICHAEL, KING, and AGEE, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Timothy Larrimore, Appellant Pro Se. Alex John Hagan, ELLIS &
WINTERS, LLP, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Timothy Larrimore appeals from the district court=s
order imposing sanctions and a prefiling injunction. We review
the imposition of a prefiling injunction for abuse of
discretion. Cromer v. Kraft Foods N. Am., Inc., 390 F.3d 812,
817 (4th Cir. 2004). Federal courts may issue prefiling
injunctions when vexatious conduct hinders the court from
fulfilling its constitutional duty. Id.; Procup v. Strickland,
792 F.2d 1069, 1073-74 (11th Cir. 1986) (en banc). Before
enjoining the filing of further actions, however, the district
court must afford the litigant notice and an opportunity to be
heard. Cromer, 390 F.3d at 819; In re Oliver, 682 F.2d 443, 446
(3d Cir. 1982). Here, the district court sua sponte issued the
injunction. Because the court imposed the injunction without
affording Larrimore an opportunity to be heard, we vacate the
order and remand for further proceedings. 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.
VACATED AND REMANDED
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