CENOBIO HUMBERTO HERRERA, Sr., a.k.a. Bert Herrera, a.k.a. Cenobio Humberto Lanz v. United States of America

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CENOBIO HUMBERTO HERRERA, Sr.,
a.k.a. Bert Herrera, a.k.a. Cenobio
Humberto Lanz,
Petitioner - Appellant,
v.
UNITED STATES OF AMERICA,
Respondent - Appellee.
No. 13-56846
D.C. Nos. 2:11-cv-10505-RSWL
2:02-cr-00531-RSWL
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Ronald S.W. Lew, District Judge, Presiding
Submitted July 22, 2014**
Before: GOODWIN, CANBY, and CALLAHAN, Circuit Judges.
Cenobio Humberto Herrera, Sr., appeals pro se from the district court’s
order declaring him a vexatious litigant and imposing a pre-filing restriction
against him. We have jurisdiction under 28 U.S.C. § 1291. We review for an
FILED
JUL 28 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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abuse of discretion, see Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1056
(9th Cir. 2007) (per curiam), and we affirm.
The district court did not abuse its discretion by declaring Herrera a
vexatious litigant and imposing a pre-filing restriction against him. The court gave
Herrera notice and an opportunity to be heard, developed an adequate record for
review, made findings regarding Herrera’s frivolous litigation history, and tailored
the restriction narrowly. See id. at 1057-58 (discussing the four factors a district
court must consider before imposing a pre-filing restriction on a vexatious litigant).
AFFIRMED.
13-56846 2

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