01-3169 Thomas v. General Motors Acceptance Corp., et al.

By: dmc-admin//May 6, 2002//

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“The judge found that the plaintiff had lied on the application for leave to proceed in forma pauperis. That was a finding of pure fact. But the judge went on to find that the plaintiff’s lie was so egregious that the sanction of dismissal with prejudice was appropriate. That was a classic judgmental ruling. Our review of the first finding is for clear error, and of the second for abuse of discretion – the normal standard for appellate review of sanctions, as we have noted. Both are deferential standards of review and, as a practical matter, similar or even identical in the amount of leeway they give the district judge. United States v. Hill, 196 F.3d 806, 808 (7th Cir. 1999); Cook v. City of Chicago, supra, 192 F.3d at 696; Johnson v. Trigg, 28 F.3d 639, 643-44 (7th Cir. 1994). As there was no clear error and no abuse of discretion, the judgment of the district court is affirmed.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Alesia, J., Posner, J.

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