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Contempt Order Based on Repeated Derogatory Emails to Judge Upheld

By Shari Allison

Nickerson v. United States, No. 09-2255, 2010 WL 3511257 (September 9. 2010) (unpublished): pro se appeal of an order from the US District Court for New Mexico finding Mr. Nickerson in contempt and ordering him to pay $300 as a sanction for violating a previous court order. Mr. Nickerson had filed a complaint in district court against the United States because the government refused to issue a consular report of birth abroad of a citizen of the United States for a child born in 1989 in Mexico whom Nickerson claimed was his daughter. The case was dismissed for lack of subject matter jurisdiction. Mr. Nickerson did not appeal. In October 2008, the court told Mr. Nickerson to stop sending emails to to the Court's chambers, explaining that the court's email address was for submitting proposed orders or jury instructions and not for ex parte communication or to express dissatisfaction...continue to full post

Full post as published by Tenth Circuit Blog on September 20, 2010 (boomark / email).