John M. Hagerty v. Succession of Laura McCloskey Clement

E. GRADY JOLLY, Circuit Judge:

The appellant brought this section 1983 action alleging a denial of his right to due process by a state trial judge and other defendants for refusing to grant him a continuance in his state court suit contesting his aunt’s will. We affirm the district court’s dismissal, and because his appeal is so clearly frivolous, we assess double costs and attorneys’ fees against the appellant and his attorney.

I

The appellant, John M. Hagerty, a nephew and closest living relative of Laura McCloskey Clement, brought suit to contest the probate of Clement’s will. Clement died on…