United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 3, 2007
Charles R. Fulbruge III
Clerk
No. 06-40882
Summary Calendar
JERRY MACK DORROUGH,
Petitioner-Appellant,
versus
UNITED STATES PAROLE COMMISSION,
U.S. Department of Justice,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:06-CV-55
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Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jerry Mack Dorrough, federal prisoner # 87089-131, has
filed a motion to proceed in forma pauperis (IFP) on appeal,
challenging the district court’s certification that his appeal is
not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 199-
202 (5th Cir. 1997); 28 U.S.C. § 1915(a). Dorrough was sentenced
to 25 years in prison in 1963 for a guilty-plea conviction of
robbing a postal employee, and he has had his parole revoked and
has been returned to prison multiple times. He filed this 28
*
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this opinion should not be published and is not precedent except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. 06-40882
-2-
U.S.C. § 2241 habeas petition challenging both his latest parole
revocation and the underlying conviction. The district court
dismissed Dorrough’s petition as barred by a preclusion order in
Dorrough v. Ferguson, No. 6:01-CV-205 (E.D. Tex. May 30, 2001),
which was entered based on Dorrough’s having filed approximately
10 postconviction actions regarding both the conviction and
parole matters.
Dorrough does not address the district court’s reasons for
its certification decision and for the dismissal of his current
§ 2241 petition, i.e., that Dorrough’s petition is barred by the
preclusion order in Dorrough v. Ferguson. Instead, he continues
to challenge on the merits his 1963 conviction and the latest
parole revocation. This is the same as if Dorrough had not
appealed the judgment. See Brinkmann v. Dallas County Deputy
Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987); Yohey v.
Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
It is ordered that Dorrough’s motion for leave to proceed
IFP is denied and the appeal is dismissed as frivolous. See
Baugh, 117 F.3d at 202 & n.24; 5TH CIR. R. 42.2. Dorrough was
previously warned by this court that the filing of “any further
frivolous pleadings relating to his 1963 conviction” could
subject him to sanctions. See Dorrough v. Gaines, 48 F. App’x
107, 107 (5th Cir. 2002). Because we have warned Dorrough
previously and his current appeal is another frivolous attack on
his 1963 conviction, see Coghlan v. Starkey, 852 F.2d 806, 808
No. 06-40882
-3-
(5th Cir. 1988) (courts of appeals have the ability to impose
sanctions sua sponte), Dorrough is hereby ORDERED to pay $250.00
to the clerk of this court. Until the sanction is paid in full,
the clerk of this court and the clerks of all courts subject to
the jurisdiction of this court are directed to return to Dorrough
unfiled any submissions concerning the validity of his
conviction, sentence, and parole revocation proceedings.
Dorrough’s “Motion for Entry of Appropriate Orders,” his
request for leave to file a pleading for “Interim Injunctive
Relief,” his “Plea for Appointment of Counsel, Extension of Time
to File His [Merits] Brief & Emergency Injunctive Relief,” and
“Petition for Review of Appeal En Banc” are denied.
MOTIONS DENIED; APPEAL DISMISSED.