IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-31375
Conference Calendar
MARY ANN BIDDLE LOVELL, successor, heir, executor,
administrator, attorney, legal representative & authorized
taxpayer, on behalf of Meaker Glover White Estate, Mrs.,
Plaintiff-Appellant,
versus
CLYDE C. HIGHTOWER, Claiborne Parish Assessor,
RALPH WILLIAMS, President, Peoples Bank & Trust, Minden;
PEOPLES BANK & TRUST COMPANY; DAVID NEWELL; NEWELL & NEWELL;
JUSTICES OF SECOND JUDICIAL DISTRICT COURT,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 98-CV-633
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August 27, 1999
Before KING, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Mary Ann Lovell appeals the district court’s dismissal of
her complaint for failure to state a claim pursuant to Fed. R.
Civ. P. 12(b)(6). She argues that the judges of the Second
Judicial District are guilty of fraud, deceit, and participation
in “White Collar Crimes” in connection with their handling 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that this opinion should not be published and is not precedent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. 98-31375
-2-
succession of Mrs. Meaker Glover White. She also argues that the
tax assessor “tainted” many of the estate records and “played
out” the allegedly false succession proceeding. She makes no
appellate argument concerning the remaining defendants;
therefore, her claims against such defendants are deemed
abandoned. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.
1993).
This court reviews de novo a district court's dismissal for
failure to state a claim under Rule 12(b)(6). Blackburn v. City
of Marshall, 42 F.3d 925, 931 (5th Cir. 1995). Lovell’s factual
allegations are accepted as true, and the dismissal will not be
affirmed unless it appears beyond doubt that Lovell can prove no
set of facts in support of her claim which would entitle her to
relief. See id.
A review of the record and Lovell’s brief reveals that the
district court properly dismissed Lovell’s complaint for failure
to state a claim. See Blackburn, 42 F.3d at 931. The appeal is
frivolous and is thus DISMISSED. See 5TH CIR. R. 42.2. Lovell is
WARNED that future frivolous filings will be met with sanctions.
To avoid sanctions, Lovell should review any pending appeals to
ensure that they do not raise arguments that are frivolous.
APPEAL DISMISSED; SANCTION WARNING ISSUED.