U.S. v. Calderon

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Martin A. CALDERON…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 19, 2007

231 F. App'x 366 (5th Cir. 2007)

Opinion

No. 06-10932, Conference Calendar.

June 19, 2007.

Vicki H. Lamberson, Assistant U.S. Attorney, U.S. Attorney's Office, Northern District of Texas, Amarillo, TX, for Plaintiff-Appellee.

Martin A. Calderon, Three Rivers, TX, pro se.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 2:03-CR-88-1.

Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Martin A. Calderon, federal prisoner #25031-051, appeals the denial of his postjudgment motion, "Replevin/Sequestration Return of Creditor's Secured Property. Release of Debtor's Surety, and Vacate Exemption." In the motion, Calderon referred to himself as "DEBTOR ROY MARTINEZ/AKA/MARTIN CALDERON" and asked the district court to vacate "the original action against DEBTOR" and to "release the DEBTOR'S surety Roy Martinez/aka/ Martin Calderon from liability." The district court denied the motion, finding that it was frivolous.

Calderon has appealed from the denial of a meaningless motion. See United States v. Early, 27 F.3d 140, 141-42 (5th Cir. 1994). No matter how his postconviction motion is construed, the appeal of its denial is frivolous. See Montgomery v. United States, 933 F.2d 348, 350 (5th Cir. 1991). The appeal is therefore dismissed. See 5TH CIR. R. 42.2.

Calderon is warned that further frivolous filings will result in the imposition of sanctions.

APPEAL DISMISSED; SANCTION WARNING ISSUED.