McMorris v. Werner, et al

United States Court of Appeals
Fifth Circuit
F I L E D
June 9, 2004
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
No. 03-20979
c/w No. 03-20966
Summary Calendar
SONIA MARIE MCMORRIS,
Plaintiff-Appellant,
versus
CARSEY WERNER; KODA-FM; MAGIC 102 KMJQ; NOBLE BROADCAST GROUP;
PRAIRIE VIEW A&M UNIVERSITY; CHANNEL 26 KRIV; HARPO PRODUCTIONS;
ARSENIO HALL COMMUNICATIONS; PAULA ABDUL/VIRGIN RECORDS;
KHOU-TV CHANNEL 11; CHANNEL TWO;
PARAMOUNT STATIONS, doing business as KTXH-Channel 20;
CLARK ATLANTA UNIVERSITY-WCLK,
Defendants-Appellees.
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SONIA MARIE MCMORRIS,
Plaintiff-Appellant,
versus
PHILIP MICHAEL THOMAS,
Defendant-Appellee.
Appeals from the United States District Court
for the Southern District of Texas
(H-91-CV-3234)
(H-01-MC-173)
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.

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* 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this opinion should not be published and is not precedent except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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PER CURIAM:*
Sonia Marie McMorris has filed appeals from a district court
order to pay filing fees. Because both appeals stem from the same
petition for declaratory relief, we consolidate the appeals. FED.
R. APP. P. 3(b)(2).
The district court's order is not a final order appealable
under 28 U.S.C. § 1291. See Askanase v. Livingwell, Inc., 981 F.2d
807, 810 (5th Cir. 1993). Nor is the order in the class of
interlocutory orders subject to appeal under 28 U.S.C.
§ 1292(a)(1)-(3). The district court did not certify the order as
final pursuant to FED. R. CIV. P. 54(b) or as appealable pursuant to
28 U.S.C. § 1292(b). The order also is not appealable pursuant to
the collateral order doctrine. See, e.g., Brinar v. Williamson,
245 F.3d 515, 517-18 (5th Cir. 2001). Therefore, we lack
jurisdiction over these appeals. See id. at 518.
McMorris has been cautioned that continued frivolous filings
will not be tolerated. See McMorris v. Thomas, No. 01-20687 (5th
Cir. 11 April 2002). In light of McMorris’s continued frivolous
filings, we impose monetary sanctions against McMorris in the
amount of $500, payable to the clerk of this court for deposit into
the Treasury of the United States in accordance with 28 U.S.C.
§ 711(c). See Farguson v. MBank Houston, N.A., 808 F.2d 358, 360

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(5th Cir. 1986). The clerk of this court is instructed to refuse
to accept any further filings from McMorris in this or any other
appeal until such monetary sanction is paid in full. Id. “This
court and the involved district courts may grant relief from this
requirement in a proper case.” Id.
MOTION TO PROCEED IFP DENIED; APPEAL DISMISSED;
OTHER MOTIONS DENIED; SANCTIONS IMPOSED.

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