Bethel v. Lynaugh

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-40535 Summary Calendar __________________ ANTHONY LINDON BETHEL, Plaintiff-Appellant, versus JAMES A. LYNAUGH et. al., Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:94-CV-224 - - - - - - - - - - April 17, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* This court must examine the basis of its jurisdiction on its own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Anthony Lindon Bethel has filed a notice of appeal from an order of the district court that did not adjudicate all of the claims against all of the parties. This court is without jurisdiction to hear this appeal. See Borne v. A & P Boat * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-40535 -2- Rentals No. 4, Inc., 755 F.2d 1131, 1133 (5th Cir. 1985). The appeal is DISMISSED. In addition, we note that Bethel has been warned that sanctions would be brought against him if he filed frivolous appeals. In spite of this, Bethel has continued to file frivolous appeals. Accordingly, IT IS ORDERED that Bethel is barred from filing any pro se civil appeal in this court, or any initial civil pleading in any court which is subject to this court's jurisdiction, without the advance written permission of a judge of the forum court. The clerk of this court and the Clerk of all federal courts in this circuit are directed to return to Bethel, unfiled, any attempted submission inconsistent with this bar. APPEAL DISMISSED; SANCTION IMPOSED.