Tubwell v. Dunn

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 31, 1995
• Docket: 95-60241
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-60241 Summary Calendar __________________

ROBERT E. TUBWELL,

Plaintiff-Appellant,

versus

BARBARD DUNN, Circuit Clerk of Hinds County Mississippi, ET AL.,

Defendants,

BARBARA DUNN, Circuit Clerk of Hinds County, Mississippi; J.D. MCADORY, Sheriff, Hinds County, Mississippi; L.L. STEVENS, Deputy Circuit Clerk, Hinds County, Mississippi; and BOBBY GALLIGER, Chief Jailer, Hinds County, Mississippi,

Defendants-Appellees.

---------------------

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:91-cv-191BN

--------------------- November 27, 1995 Before JOLLY, JONES and STEWART, Circuit Judges.

PER CURIAM:*

Robert E. Tubwell has applied for leave to proceed in forma

pauperis on appeal. Tubwell argues that there were genuine

issues of material fact precluding entry of summary judgment and

* Local Rule 47.5 provides: "The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. No. 95-60241 -2-

that a sworn declaration filed in support of the defendants'

motion for summary judgment did not comply with Fed. R. Civ. P.

56(e). We have carefully reviewed the magistrate judge's

memorandum opinion and the record and hold that Tubwell has

failed to raise a non-frivolous issue for appeal. Therefore, the

application for leave to proceed in forma pauperis is DENIED.

Because the appeal is frivolous, it is DISMISSED.

Tubwell has been previously warned by this court that he may

be sanctioned for filing further frivolous pleadings.

Accordingly, Tubwell is BARRED from filing any pro se, in forma

pauperis, civil appeal in this court, or any pro se, in forma

pauperis, initial civil pleading in any court which is subject to

this court's jurisdiction, without the advance written permission

of a judge of the forum court or of this court; the clerk of this

court and the clerks of all federal district courts in this

Circuit are directed to return to Tubwell, unfiled, any attempted

submission inconsistent with this bar.

MOTION DENIED; APPEAL DISMISSED; SANCTIONS IMPOSED.