Theriault v. Silber
| Decision Date | 16 May 1978 |
| Docket Number | No. 78-1506,78-1506 |
| Citation | 574 F.2d 197 |
| Parties | Dr. Harry W. THERIAULT, Plaintiff-Appellant, v. Frederick SILBER, Director, United States Chaplain Service, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Dr. Harry W. Theriault, pro se.
Jamie C. Boyd, U. S. Atty., San Antonio, Tex., Michael T. Milligan, Sp. Asst. U. S. Atty., El Paso, Tex., for defendants-appellees.
Joseph S. Blair pro se, amicus curiae.
Appeal from the United States District Court for the Western District of Texas.
Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.
The appellee moves to strike the appellant's notice of appeal and dismiss the appellant's appeal in the instant case because the appellant's notice of appeal contains vile and insulting references to the trial judge. We have examined the notice of appeal and agree that it contains disrespectful and impertinent references to the trial judge. See Rule 12(f), F.R.Civ.P. Such documents are beneath the dignity of this court. Nothing in our liberal pro se practice dictates that this court receive abusive documents. The appellee's motions to strike the notice of appeal and dismiss the appeal are therefore GRANTED. Appellant has ten days from the issuance of this Order to file a proper notice of appeal. If he does so, his appeal and motion to appoint counsel will be reinstated. The appellant is further directed to Rule 3(c), Rules of Appellant Procedure and Form 1 in the appendix of forms of the appellant rules for a suggested form for notice of appeal.
IT IS SO ORDERED.
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Theriault v. Silber
...the appellant's notice of appeal contained vile and insulting references to the trial judge. 2 This court's order is reported at 574 F.2d 197 (5 Cir. 1978). 3 gave the appellant ten days in which to file a proper notice of appeal and directed him to the appendix of forms in the Rules of App......
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Church of New Song v. Establishment of Religion on Taxpayers' Money in Federal Bureau of Prisons
...trial court, the Fifth Circuit Court of Appeals struck plaintiff's notice of appeal, giving him ten days to file a proper notice. 574 F.2d 197 (5th Cir. 1978). Plaintiff's second notice of appeal was equally abusive and the Fifth Circuit dismissed the appeal with prejudice. 579 F.2d 302 (5t......
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People of the State of Colo. v. Carter
...against unfounded claims. Defendants have a right to be free from harassing, abusive, and meritless litigation. See Theriault v. Silber, 574 F.2d 197 (5th Cir.1978). Federal courts have a clear obligation to exercise their authority to protect litigants from such behavior. Chatmon v. Church......
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Williams v. WARDEN, FEDERAL CORRECTIONAL INST., Civ. No. B-78-328.
...943, 98 S.Ct. 441, 54 L.Ed.2d 306 (1977) on remand, 453 F.Supp. 254 (W.D.Tex.), appeal dismissed pending proper notice of appeal, 574 F.2d 197 (5th Cir.), appeal dismissed with prejudice, 579 F.2d 302 (5th Cir. 1978). In the final opinion on the merits, the district judge wrote that the "Ch......