Delor v. Intercosmos Media Group, Inc.

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 7, 2008 No. 06-30721 Summary Calendar Charles R. Fulbruge III Clerk THOMAS DELOR, Plaintiff-Appellant, v. INTERCOSMOS MEDIA GROUP, INC., Doing Business as DirectNIC.com, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of Louisiana No. 2:04-CV-3262 Before SMITH, GARZA, and SOUTHWICK, Circuit Judges.. PER CURIAM:* Appellant describes the only issue on appeal as “[w]hether the President of the New Orleans Trial Bar Association is fit to preside in a pro se litigant * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-30721 case.” The district court denied appellant’s motion to disqualify the judge on the ground complained of. The appeal of that order is plainly frivolous and, accordingly, is DISMISSED. See 5TH CIR. R. 42.2. Appellee’s motion for sanctions under FED. R. APP. P. 38 is GRANTED. Appellant is assessed double costs on appeal plus attorney’s fees of $1,500. Appellee’s actual reasonable attorney’s fees may be in excess of that amount, but we have the latitude to assess costs in a lesser amount. Appellant is warned that further vexatious or meritless filings in this court or the district court can result in additional sanctions. 2