Waseem Daker v. Governor of Georgia, et al

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
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No. 19-13772
Non-Argument Calendar
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D.C. Docket No. 1:18-cv-05243-WMR

WASEEM DAKER,

Plaintiff–Appellant,

versus

GOVERNOR OF GEORGIA,
GEORGIA SECRETARY OF STATE,
ATTORNEY GENERAL, STATE OF GEORGIA,
STATE OF GEORGIA,
SENTENCE REVIEW PANEL, et al.,

Defendants–Appellees.

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Appeal from the United States District Court
for the Northern District of Georgia
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(March 9, 2020)
Case: 19-13772 Date Filed: 03/09/2020 Page: 1 of 2

2

Before WILLIAM PRYOR, JILL PRYOR and ANDERSON, Circuit Judges.

PER CURIAM:
Waseem Daker, a Georgia prisoner and “three-strikes” litigant under the
Prison Litigation Reform Act, 28 U.S.C. § 1915(g), appeals pro se the sua sponte
imposition of a permanent filing injunction. Daker argues that the district court
erred by issuing the permanent injunction without first providing him notice and an
opportunity to heard. Because we agree, we vacate and remand.
We review for abuse of discretion the imposition of a filing injunction.
Miller v. Donald, 541 F.3d 1091, 1096 (11th Cir. 2008).
The district court abused its discretion. An injunction against abusive and
vexatious litigation cannot completely foreclose a litigant from accessing the
courts. Riccard v. Prudential Ins. Co., 307 F.3d 1277, 1298 (11th Cir. 2002). And,
before entering or modifying a filing injunction, a district court must give the
litigant who would be enjoined notice and an opportunity to be heard. Id. at 1297–
98; see also Doe, 1-13 ex rel. Doe Sr. 1-13 v. Bush, 261 F.3d 1037, 1063–64 (11th
Cir. 2001). The district court violated Daker’s right to due process by imposing the
permanent filing injunction without first providing him notice and an opportunity
to be heard. So we vacate the injunction and remand so that Daker can be afforded
notice and an opportunity to respond before any filing injunction is imposed.
VACATED AND REMANDED.
Case: 19-13772 Date Filed: 03/09/2020 Page: 2 of 2