Case: 13-10447 Document: 00512598770 Page: 1 Date Filed: 04/16/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 13-10447
FILED
April 16, 2014
Summary Calendar
Lyle W. Cayce
Clerk
DAVID EARL KATES, also known as David E. Kates,
Petitioner−Appellant,
versus
STATE OF TEXAS,
Respondent−Appellee.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:12-CV-185
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
David Kates, federal prisoner # 30428-077, was convicted by a jury of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-10447 Document: 00512598770 Page: 2 Date Filed: 04/16/2014
No. 13-10447
possessing with the intent to distribute cocaine base and was sentenced to 360
months of imprisonment. See United States v. Kates, 174 F.3d 580, 581-84 (5th
Cir. 1999). On February 8, 2012, in No. 2:12-CV-0018, the district court
entered the following order:
DAVID EARL KATES is BARRED FROM FILING FURTHER
ACTIONS, MOTIONS, OR PLEADINGS OF ANY KIND ON THE DIS-
TRICT COURT LEVEL WITHOUT FIRST OBTAINING WRITTEN
JUDICIAL PERMISSION. Any future pleadings in violation of this
BAR will be stricken and will receive no ruling from the Court.
On April 8, 2013, Kates filed a “Petition for Writ of Mandamus and/or
Supervisory Remedial and Extraordinary Writs that are available Pursuant to
the All Writs Act 28 U.S.C. [§] 1361.” On April 10, 2013, the district court, in
accordance with the standing sanctioning order, directed that this pleading ‘is
STRICKEN and will receive no ruling from the Court.” Kates has not shown
that this was an abuse of discretion. See Balawajder v. Scott, 160 F.3d 1066,
1067−68 (5th Cir. 1998); see also Gelabert v. Lynaugh, 894 F.2d 746, 747−48
(5th Cir. 1990).
AFFIRMED.
2