United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 23, 2005
Charles R. Fulbruge III
Clerk
No. 04-61060
Summary Calendar
WILLIE HAMPTON,
Plaintiff-Appellant,
versus
RAYMOND BARKER; FAYE BARKER,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 2:04-CV-160
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Willie Hampton has appealed the district court’s judgment
dismissing his civil action for failure to state a claim.
Hampton contends that the district court should have recused
itself. No abuse of discretion has been shown. See Andrade v.
Chojnacki, 338 F.3d 448, 454–55 (5th Cir. 2003), cert. denied,
541 U.S. 935, and cert. denied, 124 S. Ct. 1655 (2004).
Hampton contends that the district court erred in dismissing
his complaint for failure to state a claim without giving him an
*
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this opinion should not be published and is not precedent except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. 04-61060
-2-
opportunity to file an amended complaint. The district court
provided such an opportunity by ordering Hampton to show cause
why the complaint should not be dismissed.
Long after entry of the judgment, Hampton filed a document
in the district court complaining that he mailed documents
applying for a default judgment against the defendants to the
clerk but that the clerk had failed to file the documents.
Hampton contends that the district court failed to file and
docket these documents and that the district court erred in
failing to enter a default judgment. Although this issue is not
properly before the court, we note that any error on the part of
the district court in failing to file the documents was harmless.
See FED. R. CIV. P. 61.
The appeal is DISMISSED AS FRIVOLOUS. See FED. R. APP. P.
34(a)(2)(A). Hampton is WARNED that the filing of frivolous
motions and appeals will result in the imposition of a sanction.
Hampton should review any pending motions and appeals to ensure
that they do not raise arguments that are frivolous.
APPEAL DISMISSED; SANCTION WARNING ISSUED.