IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-30089
IN THE MATTER OF: CHERIE WARD,
Debtor,
CHERIE WARD,
Appellant,
versus
JEAN O. TURNER,
Appellee.
Appeal from the United States District Court
for the Eastern District of Louisiana
(CA 93 3429 R)
( August 14, 1995)
Before SMITH, WIENER and DEMOSS, Circuit Judges.
PER CURIAM:*
Having considered the record on appeal of this case, studied
the briefs of counsel, and heard oral argument of counsel for the
parties on appeal, we are firmly convinced that this appeal--in
fact, this entire case--is wholly without merit and frivolous as a
*
Local Rule 47.5 provides: "The publication of opinions that
have no precedential value and merely decide particular cases on
the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that Rule, the Court has determined that this opinion
should not be published.
matter of law. For some six years now Appellant and her counsel
have dragged this matter up and down the judicial system from
bankruptcy court to district court to court of appeal and back in
what can only be described as dilatory and vexatious pettifoggery
including, as found unerringly by the bankruptcy court and two
different district judges, the exercise of bad faith. This abuse
and waste of judicial resources and of the assets of the bankruptcy
estate of Appellant must cease; further frivolous and unmeritorious
abuse of the civil justice system will not be tolerated.
This appeal is dismissed as frivolous; and, in light of the
egregious abuses referred to above, we take the unusual but
authorized additional step of directing the Clerk of this court to
issue the mandate in this appeal forthwith. Additionally, the
Clerk of this court shall not accept for filing any pleadings or
other documents from or on behalf of Appellant without the prior
consent of a member of this court.
Both Appellant and her counsel are sternly cautioned that any
further actions or filings, in this court or any other federal
court of this circuit, arising from or connected to the subject
matter of this case, that are deemed by this court to be
unmeritorious, frivolous, dilatory or contumacious, shall expose
them or the one in question to the full panoply of sanctions at the
disposal of this court including, without limitation, fines,
contempt, and professional discipline.
SO ORDERED.
DISMISSED with cautions and restrictions on future filings.
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