United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 27, 2006
Charles R. Fulbruge III
Clerk
No. 06-10366
Summary Calendar
ROBERT J. GRODEN,
Plaintiff-Counter Defendant-Appellee,
versus
JACKIE DIANE ALLEN; ET AL.,
Defendants,
RICHARD BRENTON TOBIAS,
Defendant-Counter Claimant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:03-CV-1685
USDC No. 3:06-CV-049
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Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Richard Brenton Tobias, a sanctioned litigant, requests
permission to proceed in forma pauperis on appeal of the denial of
his motion for access to exhibits. Tobias’s motion and appeal are
frivolous and without arguable merit. See Howard v. King, 707
F.2d 215, 220 (5th Cir. 1983). Accordingly, the motion is 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this opinion should not be published and is not precedent except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. 06-10366
-2-
and the appeal is DISMISSED. See 5TH CIR. R. 42.2. All other
outstanding motions are DENIED.
This court previously sanctioned Tobias for filing frivolous
appeals and warned him that the filing of repetitious or
frivolous actions would invite the imposition of additional
sanctions. See Tobias v. Young, No. 95-10577 (5th Cir. Apr. 11,
1996) (unpublished); Tobias v. Brown, No. 95-40379 (5th Cir. Aug.
24, 1995) (unpublished). Accordingly, we order Tobias to pay
$500 in sanctions to the Clerk of this court.
Tobias is BARRED from filing in this court or in any court
subject to this court’s jurisdiction any appeal, motion, and/or
pleading in connection with this case until the total amount of
the sanction imposed is paid in full. Tobias is further BARRED
from filing any pro se, in forma pauperis, civil appeal in this
court, or any pro se, in forma pauperis, initial civil pleading
in any court subject to this court’s jurisdiction until the total
amount of the sanction imposed is paid in full. Any submissions
that do not show proof that the sanction has been paid will be
neither addressed nor acknowledged. Upon proof that the sanction
has been paid, Tobias is required to seek advance written
permission of a judge of the forum court before filing any pro
se, in forma pauperis, civil appeal, or any pro se, in forma
pauperis, initial civil pleading. The Clerk of this court and
the Clerks of all federal district courts in this Circuit are
directed to return to Tobias, unfiled, any attempted submission
No. 06-10366
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inconsistent with this bar. Tobias is cautioned that any future
frivolous or repetitive filings in this court or any court
subject to this court’s jurisdiction will subject him to
additional sanctions.