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Theriault v. Silber

United States Court of Appeals, Fifth Circuit
May 16, 1978
574 F.2d 197 (5th Cir. 1978)

Summary

granting motion to strike notice of appeal that contained "vile and insulting references to the trial judge."

Summary of this case from Johnson v. Ashmore

Opinion

No. 78-1506.

May 16, 1978.

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.


ORDER

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.


Summaries of

Theriault v. Silber

United States Court of Appeals, Fifth Circuit
May 16, 1978
574 F.2d 197 (5th Cir. 1978)

granting motion to strike notice of appeal that contained "vile and insulting references to the trial judge."

Summary of this case from Johnson v. Ashmore

granting a motion to strike a notice of appeal because it was "abusive," contained "disrespectful and impertinent references to the trial judge," and was "beneath the dignity of this court."

Summary of this case from Talley v. U.S. Dep't of Labor

striking notice of appeal containing disrespectful and impertinent references to the trial judge

Summary of this case from Crisafi v. Holland

striking pursuant to Rule 12(f), F.R.Civ.P., a notice of appeal containing insulting references to the trial judge

Summary of this case from Coton v. Televised Visual X-Ography, Inc.
Case details for

Theriault v. Silber

Case Details

Full title:DR. HARRY W. THERIAULT, PLAINTIFF-APPELLANT, v. FREDERICK SILBER…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 16, 1978

Citations

574 F.2d 197 (5th Cir. 1978)

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