IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-21150
Conference Calendar
JEFFREY BALAWAJDER,
Plaintiff-Appellant,
versus
LIEUTENANT B. JACOBS,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CV-3810
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June 14, 2000
Before JOLLY, DAVIS, and STEWART, Circuit Judges.
PER CURIAM:*
Texas prisoner Jeffrey Balawajder, #520106, appeals from the
district court’s denial of his Fed. R. Civ. P. 60(b) motion for
relief from judgment. His contention that the district court
mischaracterized his “CRIMINAL COMPLAINT” as a civil complaint is
meritless. A private party has no right to enforce federal
criminal statutes. Bass Angler Sportsman Soc’y v. United States
Steel Corp., 324 F. Supp. 412, 415 (D. Ala.), aff’d, 447 F.2d
1304 (5th Cir. 1971); accord Cok v. Cosentino, 876 F.2d 1, 2 (1st
Cir. 1989); Keenan v. McGrath, 328 F.2d 610, 611 (1st Cir. 1964).
*
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that this opinion should not be published and is not precedent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. 99-21150
-2-
As Balawajder’s “CRIMINAL COMPLAINT” has no basis in law, the
district court did not abuse its discretion in denying his Rule
60(b) motion. See Travelers Ins. Co. v. Liljeberg Enter. Inc.,
38 F.3d 1404, 1408 (5th Cir. 1994).
Balawajders’ appeal is without merit and therefore
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983). Because the appeal is frivolous, it is DISMISSED. See
5TH CIR. R. 42.2.
Balawajder’s brief contains abusive and disparaging
references to the district court. Although a pro se appellant’s
pleadings are entitled to a liberal construction, we “simply will
not allow liberal pleading rules and pro se practice to be a
vehicle for abusive documents.” Theriault v. Silber, 579 F.2d
302, 303 (5th Cir. 1978). Accordingly, Balawajder is ORDERED TO
PAY monetary sanctions in the amount of $100 to the Clerk of the
District Court. The Clerk of this court is instructed not to
accept for filing any appeal, except an appeal in a criminal
proceeding, by Balawajder until he has paid this sanction.
APPEAL DISMISSED; SANCTION IMPOSED.