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Bryson v. Keffer

United States Court of Appeals, Fifth Circuit
Dec 15, 2009
357 F. App'x 566 (5th Cir. 2009)

Opinion

No. 08-30891 Conference Calendar.

December 15, 2009.

William M. Bryson, Jr., Pollock, LA, pro se.

Appeal from the United States District Court for the Western District of Louisiana, USDC No. 1:08-CV-960.

Before KING, JOLLY, and SOUTHWICK, Circuit Judges.


William M. Bryson, Jr., federal prisoner #95662-071, appeals the striking of his pleadings for failure to comply with the sanction order issued in Bryson v. United States, No. 1:08-CV-0142 (W.D.La. Mar. 25, 2008). Bryson argues that the district court abused its discretion in construing his pleadings as a request for 28 U.S.C. § 2241 relief and, as such, abused its discretion in enforcing the earlier-imposed sanctions.

The sanction order in Bryson v. United States, No. 1:08-CV-0142, specified that, on account of his filing numerous frivolous collateral challenges to his sentence, Bryson was required to pay a $100 fine and seek written authorization from a district judge before filing "any pleading." The district court's construction of Bryson's pleadings was therefore not germane to its order striking them. Bryson made no attempt to comply with this order, and his appeal from the sanction order was dismissed. The record discloses no abuse of discretion on the part of the district court. See Gelabert v. Lynaugh, 894 F.2d 746, 747-48 (5th Cir. 1990).

AFFIRMED.


Summaries of

Bryson v. Keffer

United States Court of Appeals, Fifth Circuit
Dec 15, 2009
357 F. App'x 566 (5th Cir. 2009)
Case details for

Bryson v. Keffer

Case Details

Full title:William M. BRYSON, Jr., Petitioner-Appellant v. Joe KEFFER; United States…

Court:United States Court of Appeals, Fifth Circuit

Date published: Dec 15, 2009

Citations

357 F. App'x 566 (5th Cir. 2009)

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