Lester Washington v. National Education Association, et al

Filing

UNPUBLISHED OPINION ORDER FILED. [11-31196 Dismissed as Frivolous ] Judge: PEH , Judge: PRO , Judge: LHS Mandate pull date is 12/18/2012; denying motion to proceed IFP filed by Appellant Mr. Lester L. Washington [6996898-2]; denying motion to extend time to pay filing fee filed by Appellant Mr. Lester L. Washington [6996898-3] [11-31196]

Case: 11-31196

Document: 00512064623

Page: 1

Date Filed: 11/27/2012

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 11-31196
Summary Calendar

November 27, 2012
Lyle W. Cayce
Clerk

LESTER L. WASHINGTON,
Plaintiff-Appellant
v.
NATIONAL EDUCATION ASSOCIATION, NEA; REGGIE WEAVER, Past
President; LOUISIANA ASSOCIATION OF EDUCATORS, LAE; CAROL
DAVIS, Past President of LAE; EAST BATON ROUGE PARISH ASSOCIATION
OF EDUCATORS BOARD OF DIRECTORS (EBRPAE) OF 2001-2003; SUSIE
RIVET, Past President of East Baton Rouge Parish Association of Educators and
East Baton Rouge Parish School System Teacher; ANITA HAYWOOD, Board
Member of East Baton Rouge Parish Association of Educators and East Baton
Rouge Parish School System Teacher; VENTRESS COFER, Board Member of
East Baton Rouge Parish Association of Educators and East Baton Rouge Parish
School System Teacher; VERA ELLOIS, Board Member of East Baton Rouge
Parish Association of Educators and East Baton Rouge Parish School System
Teacher; LOUISE SMITH, Board Member of East Baton Rouge Parish
Association of Educators and East Baton Rouge Parish School System Teacher;
FRAN SCHRUTZ, Board Member of East Baton Rouge Parish Association of
Educators and East Baton Rouge Parish School System Teacher; ERNIE
BLANSON, Board Member of East Baton Rouge Parish Association of Educators
and East Baton Rouge Parish School System Teacher; CHRIS BLANCHARD,
Board Member of East Baton Rouge Parish Association of Educators and East
Baton Rouge Parish School System Teacher; JEFF TRAVASOS, Board Member
of East Baton Rouge Parish Association of Educators and East Baton Rouge
Parish School System Teacher; BERNADINE MCFADDEN, Board Member of
East Baton Rouge Parish Association of Educators and East Baton Rouge Parish
School System Teacher,
Defendants-Appellees

Case: 11-31196

Document: 00512064623

Page: 2

Date Filed: 11/27/2012

No. 11-31196
Appeals from the United States District Court
for the Middle District of Louisiana
USDC No. 3:10-CV-322

Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Lester L. Washington filed the instant civil suit against the National
Education Association (NEA); the Louisiana Association of Educators (LAE); the
Board of Directors of the East Baton Rouge Parish Association of Educators
(EBRPAE); and numerous individuals associated with the NEA, LAE, or
EBRPAE.

With the benefit of liberal construction, the allegations in his

amended complaint included claims of breach of contracts of the East Baton
Rouge Parish School System, EBRPAE, LAE, and NEA; discrimination in
violation of Titles VI and VII of the Civil Rights Act of 1964; violation of the Age
Discrimination in Employment Act of 1967; violation of Louisiana employment
law; libel, slander, and defamation of Washington; negligence and dereliction in
the performance of the defendants’ duties; violation of Title IX of the Education
Amendments of 1972; violation of federal and state hate crime laws; violation of
his due process rights under the Fifth Amendment; violation of his due process
and equal protection rights under the Fourteenth Amendment; violation of the
Americans with Disabilities Act, Individuals with Disabilities Education Act,
and other federal disability laws; violation of the False Claims Act; insurance
and financial fraud; violation of the Health Insurance Portability and
Accountability Act of 1996 and other confidentiality laws and policies; and
violation of the Corporate and Criminal Fraud Accountability Act of Title VIII
of the Sarbanes Oxley Act.

*

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.

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Document: 00512064623

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Date Filed: 11/27/2012

No. 11-31196
Before the court is Washington’s motion for leave to proceed in forma
pauperis (IFP) on appeal from the district court’s dismissal of his suit as
frivolous pursuant to 28 U.S.C. § 1915(e). He alternatively moves for an
extension of time to pay the appellate filing fee. By moving for leave to proceed
IFP, Washington is challenging the district court’s certification that this appeal
was not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir.
1997).
Washington asserts in conclusory fashion that the district court engaged
in misconduct and obstruction of justice in dismissing his case and that his
allegations succeeded in stating claims upon which relief may be granted.
Although pro se filings are liberally construed, pro se litigants still must
adequately brief their arguments and are not permitted to make baseless attacks
against the judiciary. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993);
Theriault v. Silber, 579 F.2d 302, 303 (5th Cir. 1978). Washington’s assertions
that his claims were not frivolous and that the district court engaged in judicial
misconduct are conclusory and insufficient to demonstrate that a nonfrivolous
issue exists for appeal. Washington’s pro se complaint was required to “set forth
facts giving rise to a claim on which relief may be granted,” and he has not
shown that it did so. Johnson v. Atkins, 999 F.2d 99, 100 (5th Cir. 1993).
Because Washington has not shown that the district court’s certification
was incorrect, his motion for leave to proceed IFP is denied. See Howard v. King,
707 F.2d 215, 219-20 (5th Cir. 1983). The instant appeal is without arguable
merit and is dismissed as frivolous. See Baugh, 117 F.3d at 202 n.24; Howard,
707 F.2d at 219-20; 5TH CIR. R. 42.2. Washington’s alternative motion for an
extension of time to pay the appellate filing fee is denied.
Washington is cautioned that frivolous, repetitive, or otherwise abusive
filings will invite the imposition of sanctions, including dismissal, monetary
sanctions, and restrictions on his ability to file pleadings in this court and any
other court subject to this court’s jurisdiction. Washington is further cautioned
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Case: 11-31196

Document: 00512064623

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Date Filed: 11/27/2012

No. 11-31196
that, in order to avoid the imposition of sanctions, he should review any pending
appeals and actions and move to dismiss any that are frivolous.
MOTIONS DENIED; APPEAL DISMISSED; SANCTION WARNING
ISSUED.

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