Robert Nester v. Analostan Homes Association, Incorporated

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-2082
ROBERT NESTER,
Plaintiff - Appellant,
versus
ANALOSTAN HOMES ASSOCIATION, INCORPORATED,
Defendant - Appellee.
No. 02-2323
ROBERT NESTER,
Plaintiff - Appellee,
versus
ANALOSTAN HOMES ASSOCIATION, INCORPORATED,
Defendant - Appellant.
Appeals from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Chief
District Judge. (CA-02-88-A)
Submitted: May 8, 2003 Decided: June 9, 2003

-- 1 of 3 --

2
Before WILKINSON, NIEMEYER, and WILLIAMS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Barry Weintraub, Stafford, Virginia, for Appellant. Michael L.
O’Reilly, THE O’REILLY LAW FIRM, Herndon, Virginia; Raymond J.
Diaz, REES, BROOME & DIAZ, P.C., Vienna, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 2 of 3 --

3
PER CURIAM:
Robert Nester appeals the district court’s order awarding
summary judgment to Analostan Homes Association, Inc.
(“Analostan”), and dismissing his complaint brought pursuant to the
Fair Housing Act, 42 U.S.C. §§ 3601-3619 (2000). Analostan cross-
appeals claiming that the district court abused its discretion in
denying Analostan’s motion for costs and fees under 42 U.S.C.
§ 3613(c). We have reviewed the parties’ briefs and the joint
appendix and find no reversible error. Accordingly, we affirm on
the reasoning of the district court. See Nester v. Analostan Homes
Ass’n, Inc., No. CA-02-88-A (E.D. Va. filed Aug. 20, 2002 & entered
Aug. 21, 2002; filed Sept. 26, 2002 & entered Oct. 1, 2002). We
remind Nester and his counsel that Fed. R. Civ. P. 11 requires that
pleadings be filed with a good faith belief that they are not
frivolous and that further failure to abide by the Rule is grounds
for sanctions. 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.
AFFIRMED

-- 3 of 3 --