[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 08-16416 ELEVENTH CIRCUIT
MAY 28, 2009
Non-Argument Calendar
THOMAS K. KAHN
________________________
CLERK
D. C. Docket No. 08-00993-CV-J-12-JRK
JAMES ALEXANDER LOGAN,
Plaintiff-Appellant,
versus
FELICIA CHESTNUT,
Lt.,
SERGEANT BAILEY,
J. HARPER,
C.E. HOPE,
J. NASH, et al.,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(May 28, 2009)
Before TJOFLAT, DUBINA and PRYOR, Circuit Judges.
PER CURIAM:
Appellant James Logan, a pro se Florida prisoner, appeals the district court’s
order dismissing without prejudice his civil rights action as a sanction for
providing false information in his complaint. Logan argues the district court erred
when it dismissed his action because it did not afford him an opportunity to show
cause for his false statements.
Federal Rule of Civil Procedure 11 (“Rule 11") authorizes the district court
to impose sanctions if a party files pleadings that contain factual contentions that
the party knows to be untrue. Fed.R.Civ.P.11(c). Rule 11 also requires that parties
engage in a reasonable inquiry to determine that the information presented to the
court is true. Fed.R.Civ.P.11(b). Rule 11 provides that the district court, on its
own initiative, may require a party to “show cause” why its conduct has not
violated Rule 11(b). Fed.R.Civ.P.11(c)(3). We review the district court’s
imposition of sanctions pursuant to Rule 11 for an abuse of discretion. Attwood v.
Singletary, 105 F.3d 610, 612 (11th Cir. 1997). We have held that “[d]ue process
requires notice and an opportunity to respond if Rule 11 sanctions are imposed.”
Id. at 613; see also Fed.R.Civ.P.11(c).
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Here the record demonstrates that the district court dismissed Logan’s claim
without affording him an opportunity to respond to its sanction. Thus, we
conclude that the district court abused its discretion by not affording Logan notice
and an opportunity to show cause for his false filings before it sanctioned him. We
vacate and remand for further consideration consistent with this opinion.
VACATED AND REMANDED.
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