Michael Davis v. Rodney Chandler
UNPUBLISHED OPINION FILED. [16-10337 Affirmed ] Judge: TMR , Judge: PRO , Judge: JWE Mandate pull date is 08/10/2017 [16-10337]
Date Filed: 06/19/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
June 19, 2017
Lyle W. Cayce
MICHAEL ANTHONY DAVIS,
RODNEY W. CHANDLER, Warden, Federal Correctional Institution Fort
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CV-225
Before REAVLEY, OWEN, and ELROD, Circuit Judges.
PER CURIAM: *
Michael Anthony Davis, federal prisoner # 33896-177, appeals the
district court’s sanction order barring him from filing the instant 28 U.S.C.
§ 2241 petition, in which he challenged his 2005 convictions and sentences for
conspiring to possess and distribute cocaine base and distributing cocaine base.
The district court issued numerous sanction warnings and, in 2014, imposed a
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Date Filed: 06/19/2017
$250 sanction and ordered that if Davis filed any further pleadings challenging
his convictions and sentences without providing proof that he paid the
monetary sanction, the clerk would docket the pleadings for administrative
purposes only and the submissions would be closed under authority of the
court’s order. In February 2016, Davis filed in the district court yet another
§ 2241 petition, which was closed pursuant to the sanction order. The district
court granted Davis leave to proceed in forma pauperis on appeal.
Given Davis’s extensive history of filing frivolous or repetitive pleadings
and given that he received adequate notice that he would be subjected to
sanctions, the district court did not abuse its discretion in enforcing the
sanction order. See Gelabert v. Lynaugh, 894 F.2d 746, 747-78 (5th Cir. 1990);
Mendoza v. Lynaugh, 989 F.2d 191, 195 (5th Cir. 1993). Accordingly, the
district court’s judgment is AFFIRMED.
In addition to failing to heed the district court’s warnings, Davis has
failed to heed this court’s warning against filing frivolous or repetitive
pleadings. See Davis v. Chandler, No. 14-10323 (Feb. 10, 2015). He is therefore
ORDERED to pay a monetary SANCTION of $250 to the clerk of this court.
This monetary sanction must be paid in addition to, and not in lieu of, any
monetary sanctions imposed by the district court. Davis is BARRED from
filing any pleading challenging his convictions or sentences in this court or any
court subject to this court’s jurisdiction until the sanction is paid in full unless
he first obtains leave of the court in which he seeks to file his pleading. He is
WARNED that any future frivolous, repetitive, or otherwise abusive filings will
subject him to additional and progressively more severe sanctions. Davis is
directed to review all pending matters and move to dismiss any that are
frivolous, repetitive, or otherwise abusive.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?