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100 F. App'x 993

Butler v. Munoz

U.S. Courts of Appeals

Decided June 21, 2004

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U.S. Courts of Appeals · decided 2004-06-21

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Mendoza v. Lynaugh · Mayfield v. Klevenhagen

Decided 2004-06-21

PER CURIAM: *

¶1 Michael Scott Butler, Texas prisoner # 574009, appeals the Fed.R.Civ.P. 11 dismissal with prejudice of his 42 U.S.C. § 1983 complaint for providing false information concerning his litigation history. We hold that the district court’s choice of sanction “exeeed[ed] the bounds of discretion” of Fifth Circuit jurisprudence. See Mendoza v. Lynaugh, 989 F.2d 191, 195-97 (5th Cir.1993); cf. Mayfield v. Klevenhagen, 941 F.2d 346, 348 (5th Cir.1991). The district court must impose the least severe sanction adequate. Mendoza, 989 F.2d at 197. The judgment of dismissal is therefore VACATED and the case REMANDED for imposition of a less onerous sanction.

¶2 VACATED AND REMANDED.

*

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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