Stewart v. Mesquite Police

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 96-10931 Summary Calendar __________________ THOMAS GIL STEWART, Plaintiff-Appellant, versus and MESQUITE, TX., CITY OF; WILLIAM SIPES, Officer, UNNAMED JAILERS, Defendants-Appellees. --------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:94-CV-0877-T ---------------------- July 6, 1998 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* Thomas Gil Stewart (Texas prisoner # 571499) appeals from the district court's dismissal of his suit for failure to comply with a court order that he cease filing scandalous materials. The district court did not abuse its discretion in dismissing Stewart's suit. Berry v. CIGNA/RSI-CIGNA, 975 F.2d 1188, 1190-91 (5th Cir. * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-10931 -2- 1992). This appeal lacks arguable merit and is, therefore, frivolous. Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). It is DISMISSED as such. Stewart's multiple outstanding motions are DENIED as moot. The Appellees' motion for sanction is GRANTED. Stewart is BARRED from filing any pleadings or documents of any kind, either in the district courts of this circuit or in this court, without advance written permission of a judge of the forum court. Any attempt by Stewart to file frivolous pleadings in the future will result in further sanctions. APPEAL DISMISSED; STEWART'S MOTIONS DENIED AS MOOT; APPELLEES' MOTION FOR SANCTIONS GRANTED; BAR TO FILINGS RAISED.