Patrick A. Carlone v. Asbestos Workers Local 34, No. 14-2179 (8th Cir. 2015)
Annotate this CaseCourt Description: Civil case. The district court did not err in imposing Rule 11 sanctions on plaintiff, a litigant with an extensive history of filing frivolous and vexatious lawsuits; that portion of the court's order which enjoined future lawsuits unless plaintiff both is represented by counsel and has obtained prior court approval is modified to reflect plaintiff is enjoined from filing future lawsuits unless he is either represented by counsel or has obtained prior court approval. [ January 20, 2015
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-2179 ___________________________ Patrick A. Carlone, lllllllllllllllllllll Plaintiff - Appellant, v. Asbestos Workers Local 34; Roger LeClaire, lllllllllllllllllllll Defendants - Appellees. ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: December 11, 2014 Filed: January 21, 2015 [Unpublished] ____________ Before SMITH, BOWMAN, and COLLOTON, Circuit Judges. ____________ PER CURIAM. Patrick Carlone appeals the district court’s1 order imposing sanctions against him, pursuant to Federal Rule of Civil Procedure 11, including dismissing his pro se civil action with prejudice and enjoining him from filing future lawsuits unless he both is represented by counsel and has obtained prior court approval. Upon careful review, we conclude that the district court did not abuse its discretion in imposing Rule 11 sanctions, as Carlone has an extensive history of filing frivolous and vexatious lawsuits and has threatened to continue doing so. See Fed. R. Civ. P. 11(c); Carman v. Treat, 7 F.3d 1379, 1381-82 (8th Cir. 1993). However, we modify the restrictions imposed by the district court to reflect that Carlone is enjoined from filing future lawsuits unless he either is represented by counsel or has obtained prior court approval. Subject to that modification, the judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota, adopting the reports and recommendations of the Honorable Janie S. Mayeron, United States Magistrate Judge for the District of Minnesota. -2-
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