Archer v. Sterquell

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
July 9, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 06-11049
(Summary Calendar)
_____________________
RICHARD K. ARCHER, M.D., Individually,
and as Trustee of the RICHARD K. ARCHER,
M.D., P.A. PROFIT SHARING PLAN & TRUST,
Plaintiff-Appellant
versus
JOHN SMITHEE,
Defendant-Appellee
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Appeal from the United States District Court
for the Northern District of Texas
(2:05-CV-78)
---------------------
Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
In this multi-party, multi-issue, highly contentious lawsuit,
the instant appeal is a narrow one: The district court granted the
summary judgment motion of Defendant-Appellee John Smithee, one of
myriad defendants, including his law firm, resulting in a take-
nothing judgment which the court certified as final pursuant to

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Federal Rule of Civil Procedure 54(b). It is axiomatic that the
lawsuit continues against the remaining defendants.
We have sifted through pertinent portions of the record on
appeal and the multitude of claims, charges, accusations, and legal
theories set forth in the appellate brief of Plaintiff-Appellant,
and we have concluded that the district court correctly granted the
summary judgment here at issue. For essentially the same reasons
explained by the district court, its judgment in favor of Smithee,
pursuant to Rule 54(b), is
AFFIRMED.

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