United States v. 2006-03-13 | 04-16464 | PRICE VMCGRATH | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 TERESA MACIAS, both individually,
in her own right, and as successor
in interest to Miguel Sanchez, her
deceased son,
Plaintiff,
and No. 04-16464
JEFF DOMINIC PRICE, D.C. No.
Appellant, CV-01-00806-PJH
v. ORDER
JOSEPH MCGRATH; CAL TERHUNE,
Director California Department of
Corrections; ROBERT L. AYERS;
JOEL PENA; M. D. FOX,
Defendants-Appellees. 
Appeal from the United States District Court
for the Northern District of California
Phyllis J. Hamilton, District Judge, Presiding
Argued and Submitted
February 14, 2006—San Francisco, California
Filed March 13, 2006
Before: Barry G. Silverman, Susan P. Graber, and
Richard R. Clifton, Circuit Judges.
2527

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COUNSEL
Jeff Dominic Price, Santa Monica, California, for appellant.
ORDER
Jeff Dominic Price, counsel for Plaintiff-Appellant Teresa
Macias in the companion case, Macias v. McGrath, No. 04-
15968,1 appeals the district court’s published post-judgment
Order Re Sanctions and Referral for Attorney Discipline,
sanctioning him $1,500 for the unauthorized practice of law
under Northern District of California Civil Local Rules 11-
1(a), -8. See Macias v. McGrath, 322 F. Supp. 2d 1041 (N.D.
Cal. 2004). Price was not afforded all of the procedural pro-
tections required for due process in the context of criminal
contempt proceedings. See F.J. Hanshaw Enters., Inc. v.
Emerald River Dev., Inc., 244 F.3d 1128, 1139 (9th Cir.
2001) (“We hold that when a court uses its inherent powers
to impose sanctions that are criminal in nature, it must pro-
vide the same due process protections that would be available
in a criminal contempt proceeding.”). We vacate the order
without prejudice to future prosecution or disciplinary pro-
ceedings for the alleged violation.
VACATED WITHOUT PREJUDICE.
1We have resolved the appeal in a separate memorandum disposition,
filed this date.
2528 PRICE v. MCGRATH

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