IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-31037
Conference Calendar
ISAAC I. OMOIKE,
Plaintiff-Appellant,
versus
STATE OF LOUISIANA; PATRICK LABELLA;
SHERRY PATRICK; STELLA COREY; KENDAL DIEL,
Defendants-Appellees.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 97-CV-220
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June 15, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Isaac I. Omoike appeals the district court’s order granting
summary judgment on absolute-immunity grounds against Patrick
Labella and upholding a finding that Eleventh Amendment immunity
applies in cases between a state and its own citizens. Omoike’s
brief addresses neither of these matters. Pro se litigants must
comply with the requirements of FED. R. APP. P. 28 that the
appellant’s argument contain the reasons he deserves the
requested relief with citation to authorities and parts of the
*
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that this opinion should not be published and is not precedent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.
No. 98-31037
-2-
record on which the appellant relies. Grant v. Cuellar, 59 F.3d
523, 524 (5th Cir. 1995). As Omoike’s brief does not satisfy the
briefing requirements under FED. R. APP. P. 28 and fails to
identify any district court error, it is frivolous and is
DISMISSED. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983); 5TH CIR. R. 42.2.
We previously cautioned Omoike that any additional frivolous
appeals would invite the imposition of sanctions. See Omoike v.
State of Louisiana, No. 98-30193 (5th Cir. June 2, 1998)
(unpublished). This court may impose sanctions on a litigant sua
sponte. See Coghlan v. Starkey, 852 F.2d 806, 808 (5th Cir.
1988). Accordingly, IT IS ORDERED that Omoike is sanctioned
$105, the cost of bringing this appeal. IT IS ALSO ORDERED that
Omoike remit payment to the Clerk of this Court. Given his
history of filing appeals that are frivolous or do not have a
jurisdictional basis in this court, Omoike is BARRED from filing
any pro se pleading or appeal in this court or in any court which
is subject to this court’s jurisdiction, without the advance
written permission of a judge of the forum court. The clerk of
this court and the clerks of all federal district courts in this
circuit are DIRECTED to return to Omoike, unfiled, any attempted
submission inconsistent with this bar. To obtain such
permission, Omoike must send a letter, requesting such permission
and attaching copies of the proposed filing and this order to the
Clerk of the forum court.
APPEAL DISMISSED; SANCTIONS IMPOSED.