Davis v. Wendt

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit F I L E D No. 04-10682 Summary Calendar September 26, 2007 Charles R. Fulbruge III Clerk TONY ROBERT DAVIS Petitioner-Appellant v. K J WENDT Respondent-Appellee _______________________________________________________________ TONY ROBERT DAVIS Petitioner-Appellant v. JOHNNY SUTTON; ROBERT PITMAN; KELLY WAYNE LOVING; MICHELE MCELROY; JANE J BOYLE; ANGIE L HENSON Respondents-Appellees Appeal from the United States District Court for the Northern District of Texas USDC No. 3:03-CV-960-N USDC No. 3:03-CV-1314-N Before HIGGINBOTHAM, STEWART, and OWEN, Circuit Judges. PER CURIAM:* * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH No. 04-10682 Tony Robert Davis, former federal prisoner # 68917-080, appeals from the district court’s denial of his motion to alter or amend the judgment denying his 28 U.S.C. § 2241 petition. In that § 2241 petition, Davis challenged his convictions and sentences for conspiracy, wire fraud, travel and transportation of securities for fraudulent purposes, and money laundering. See United States v. Davis, 226 F.3d 346, 348 (5th Cir. 2000). During the pendency of this appeal, Davis was released from prison, and he completed his term of supervised release. As a result, Davis's claims have been rendered moot. See Spencer v. Kemna, 523 U.S. 1, 7 (1998); Bailey v. Southerland, 821 F.2d 277, 278-79 (5th Cir. 1987). Therefore, this appeal is DISMISSED AS MOOT. Davis’s abuse of the judicial system warrants the imposition of a sanction. From this date forward, Davis is no longer allowed to file any documents or pleadings in this court or in any court subject to this court’s jurisdiction without first obtaining permission from a judge of this court. The Clerk of this Court and the clerks of all federal district courts within this Circuit are directed to refuse to file any pro se civil complaint or appeal by Davis unless Davis submits proof that he has obtained the permission of this court. If Davis attempts to file any further notices of appeal or original proceedings in this court the clerk will docket them for administrative purposes only. Any other submissions which do not show proof that the sanction has been satisfied will be neither addressed nor acknowledged. APPEAL DISMISSED; SANCTION IMPOSED. CIR. R. 47.5.4. 2