UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
_________________
No. 95-10658
(Summary Calendar)
_________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SAM MERIT,
Defendant-Appellant.
Appeal from the United States District Court
For the Northern District of Texas
(3:87-CR-153-T)
March 7, 1996
Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Sam Merit appeals the district court’s denial of a successive
Fed. R. Civ. P. 60(b) motion. We have reviewed the appeal and find
it without arguable merit. Accordingly, Merit’s appeal is
DISMISSED as frivolous. Howard v. King, 707 F.2d 215, 219-20 (5th
Cir. 1983); 5th Cir. R. 42.2.
Merit previously has been warned by this court that he may be
sanctioned for any frivolous appeals filed by him or on his behalf.
Additionally, Merit has continued to abuse the courts by the
successive filing of postjudgment motions and appeals of the
denials of those motions. Accordingly, Merit is barred from
*
Pursuant to Local Rule 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opinion should not be published and is not precedent except under the limited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 Local Rule 47.5.4.
filing, or having anyone file on his behalf, any pro se, in forma
pauperis, civil appeal in this court, or any pro se, in forma
pauperis, initial civil pleading or motion in any court which is
subject to this court’s jurisdiction, without the advance written
permission of a judge of the forum court or of this court; the
clerk of this court and the clerks of all federal district courts
in this Circuit are directed to return to Merit, unfiled, any
attempted submission inconsistent with this bar.
IT IS FURTHER ORDERED that the Government’s motion to dismiss
Merit’s appeal is DENIED as unnecessary, and Merit’s application
for release pending appeal and Joyce E. Merit’s motion to file an
amicus curiae brief are also DENIED.
APPEAL DISMISSED.
SANCTION IMPOSED.
-2-