UNITED STATES COURT OF APPEALS
for the Fifth Circuit
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No. 96-20291
Summary Calendar
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In the Matter of: J. EDGAR CLAYTON, JR.;
PHYLLIS KOZMA CLAYTON, and PHYLLIS KOZMA CLAYTON,
Debtors.
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J. EDGAR CLAYTON, JR. and PHYLLIS KOZMA CLAYTON,
Appellants,
VERSUS
SHELL OIL COMPANY,
Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
(CA-H-94-3994)
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April 23, 1997
Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.
PER CURIAM:*
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
This is the third time the Claytons have brought an appeal to
this court seeking to avoid a lien on property in Houston, Texas.
They challenge first the adverse ruling of the district court on a
Rule 60(b)(6) motion. The motion was untimely and, in any event,
was totally without merit. Next, the Claytons challenge the
district court's order granting sanctions to Shell in the amount of
$4,260 in attorney's fees and $78.60 in costs. The Claytons'
vexatious litigation against Shell fully justified the sanctions.
Finally, the Claytons challenge the district court's denial of
their motion to disqualify Judge Lynn Hughes. The only basis for
disqualification of Judge Hughes was their dissatisfaction with him
in ruling against them during the course of this litigation. This
argument is also frivolous.
We warned the Claytons in July 1994 that any further meritless
filings in this court would subject them to additional sanctions
and/or discipline. Consistent with that order, we award $2,500 to
Shell and against the Claytons to cover Shell's attorney's fees and
costs in defending this appeal. See Fed. R. App. P. 38.1 In
addition, the costs of this appeal shall be taxed against the
Claytons. Further, we direct the clerks of the district clerks of
this circuit to return unfiled any pleadings filed by the Claytons
1
Under Federal Rule of Appellate Procedure 38, this court may
sanction an appellant who pursues frivolous appeals. Topalian v.
Ehrman, 954 F.2d 1125 (5th Cir.), cert. denied, 506 U.S. 825
(1992).
2
against Shell until Shell has filed a notice with the clerk of the
district court that all sanctions imposed against the Claytons in
Shell's favor have been paid.
AFFIRMED; SANCTIONS IMPOSED.
3