United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 29, 2007
Charles R. Fulbruge III
No. 06-10021 Clerk
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
No. 3:03-CV-1685
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Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Richard Tobias, a sanctioned litigant, requests permission to
proceed in forma pauperis on appeal of the denial of fourteen post-
judgment motions. 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opinion should not be published and is not precedent except under the limited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.
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) (unpub-
lished); Tobias v. Brown, No. 95-40379 (5th Cir. Aug. 24, 1995)
(unpublished); Groden v. Allen, No. 06-10366 (5th Cir. July 27,
2006) (unpublished).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 is paid in full.
Any submissions that do not show proof that the sanction has
been paid will be neither addressed nor acknowledged. On 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 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 sub-
ject him to additional sanctions.
PERMISSION DENIED; SANCTION IMPOSED.