Morris S. Maxwell; Shawn R. Maxwell v. Moab Investment Group, LLC;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MORRIS S. MAXWELL; SHAWN R.
MAXWELL,
Plaintiffs - Appellants,
v.
MOAB INVESTMENT GROUP, LLC; et
al.,
Defendants - Appellees.
No. 14-17334
D.C. No. 3:14-cv-03095-WHO
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
William H. Orrick III, District Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Morris S. and Shawn R. Maxwell appeal pro se from the district court’s
order declaring them vexatious litigants and imposing pre-filing restrictions. We
have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion.
FILED
JAN 28 2016
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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Molski v. Evergreen Dynasty Corp., 500 F.3d 1047, 1056-57 (9th Cir. 2007) (per
curiam). We affirm.
The district court did not abuse its discretion by declaring the Maxwells
vexatious litigants and entering a pre-filing order against them after providing them
with notice and an opportunity to be heard, developing an adequate record for
review, making substantive findings regarding their frivolous litigation history, and
tailoring the restriction narrowly. See id. at 1057, 1058-61 (discussing factors to
consider before imposing pre-filing restrictions).
We reject as meritless the Maxwells’ contentions that they were denied due
process and equal protection due to a lack of a full and fair hearing on their claims.
AFFIRMED.
14-17334 2

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