Stephen Conklin v. WARRINGTON TOWNSHIP, A Pennsylvania Municipal Corporation Located in York County…

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 07-4835
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STEPHEN CONKLIN,
Appellant
v.
WARRINGTON TOWNSHIP, A Pennsylvania
Municipal Corporation Located in York
County Pennsylvania; WARRINGTON TOWNSHIP
ZONING BOARD; JOHN DOE
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On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. No. 05-cv-01707)
District Judge: Honorable Christopher C. Conner
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Submitted Pursuant to Third Circuit LAR 34.1(a)
on December 8, 2008
Before: MCKEE, SMITH AND ROTH, CIRCUIT JUDGES
(Opinion filed: December 24, 2008)
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OPINION
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2
McKee, J.
Stephen Conklin appeals the district court’s grant of summary judgment in favor of
all defendants on the action he brought pursuant to 42 U.S.C. § 1983. Conklin’s attorney
also appeals the district court’s imposition of Rule 11 sanctions. For the reasons that
follow, we will affirm.
Inasmuch as we are writing primarily for the parties who are familiar with this
case, we need not set forth the factual or procedural background of this appeal except
insofar as may be helpful to our brief discussion.
We have reviewed the thorough and thoughtful Memorandum of the district court
dated November 30, 2007, in which the court explains its reasoning for granting summary
judgment and dismissing the complaint. We have also reviewed the equally thoughtful
and thorough Memorandum dated August 4, 2006, in which the district court explains its
consideration of counsel’s motion for recusal, the application of 28 U.S.C. § 455, and its
reasons for imposing sanctions on counsel pursuant to Rule 11(b). We will affirm both
orders substantially for the reasons set forth in those Memorandum Opinions.
This record clearly supports the court’s conclusion that sanctions were appropriate
because lesser sanctions “were clearly insufficient to curb Attorney Bailey’s actions.”
App. 76. We pause only to note that, far from evidencing the bias that counsel attempted
to establish, this record reflects that Hon. Christopher C. Conner acted with fairness and
admirable patience and in presiding over this suit.

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