Greene v. Simmons

                   UNITED STATES COURT OF APPEALS
                            FIFTH CIRCUIT

                         _________________

                             No. 97-30416

                         (Summary Calendar)
                          _________________


          In the Matter of: LEONARD J GREENE,


                                Debtor,

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

          LEONARD J GREENE


                                Appellant

          versus


          CHARLES O SIMMONS, JR; MARY CATHERINE CALI;
          LOUIS M PHILLIPS, Judge, United States
          Bankruptcy Court


                                Appellees



          Appeal from the United States District Court
              For the Middle District of Louisiana
                          (94-CV-2599)

                          October 3, 1997

Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*


     *
          Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 5TH CIR. R.
47.5.4.
      Appellant Leonard J. Greene, appearing pro se, appeals from

the   district   court’s   denial   of    three   orders   issued   by   the

bankruptcy court in connection with Greene’s bankruptcy.            Greene

argues that all of the rulings and orders of Judge Louis M.

Phillips of the United States Bankruptcy Court should be vacated as

a result of Judge Phillips’ failure to recuse himself. Greene also

argues that the district court erred in denying his Motion for

Leave to Appeal Interlocutory Orders and dismissing his case with

prejudice.   We have reviewed the record and find these contentions

to be without merit.       Even shorn of the procedural defects that

would likely prevent us from reaching the merits of this case, the

record reveals that Judge Phillips acted properly, reasonably and

with great restraint in dealing with the difficult and trying

situation in which appellant placed him.

      Accordingly, we AFFIRM the district court’s denial of Greene’s

Motion to Vacate all Findings and Orders of Judge Phillips, its

denial of Greene’s Motion for Leave to Appeal Interlocutory Orders,

and its dismissal of the case with prejudice.




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