IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-30584
Conference Calendar
ALVIN WASHINGTON,
Plaintiff-Appellant,
versus
PUBLIC SERVICE COMMISSION;
RELIANT ENERGY ENTEX,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 01-CV-486
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October 26, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Alvin Washington appeals from the district court’s grant of
summary judgment dismissing his 42 U.S.C. § 1983 complaint. He
complains that counsel for Reliant Energy Entex (“Reliant”) has
used unspecified “abusive tactics” and filed a “frivolous
defense” and fraudulent, nonconforming motions.
Reliant’s motion to strike Washington’s brief and
Washington’s motion to strike Reliant’s brief are DENIED.
*
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that this opinion should not be published and is not precedent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. 01-30584
-2-
To the extent that Washington argues that Reliant’s counsel
should be sanctioned under Fed. R. Civ. P. 11, that argument is
baseless. The Federal Rules of Civil Procedure apply to
proceedings in the district court rather than the appellate
court. See Fed. R. Civ. P. 1.
To the extent that Washington argues that Reliant’s summary
judgment motion is nonconforming, he does not explain on what
basis he challenges the motion. Reliant’s supporting affidavit
is facially valid under Fed. R. Civ. P. 56(e). Washington has
offered nothing more than his own conclusional allegations that
the sharp increase in the amount of his natural gas bills was the
result of fraud and embezzlement, which is inadequate to sustain
his burden under Fed. R. Civ. P. 56(e).
This appeal is without arguable merit and is therefore
frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.
1983). Because the appeal is frivolous, it is DISMISSED. 5TH
CIR. R. 42.2. We caution Washington that any additional
frivolous appeals filed by him will invite the imposition of
sanctions. To avoid sanctions, Washington is further cautioned
to review any pending appeals to ensure that they do not raise
arguments that are frivolous.
APPEAL DISMISSED. MOTIONS DENIED. SANCTION WARNING ISSUED.