Summary Calendar IN THE MATTER: RICHARD EDMUND SURGENT v. ROBBYE R. WALDRON, Trustee

07-20485Court of Appeals for the Fifth Circuit26.12.2007

Gesamter Gesetzestext

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 07-20485
Summary Calendar
_____________________
IN THE MATTER: RICHARD EDMUND SURGENT,
Debtor
FRED L. BARRETT, as Trustee of GRACE DEVELOPMENT
COMPANY TRUST,
Appellant
v.
ROBBYE R. WALDRON, Trustee,
Appellee
Appeal from the United States District Court
for the Southern District of Texas
(4:06-CV-3942)
Before WIENER, GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM: *
Appellant Fred L. Barrett does not purport to be an attorney or lawyer;
yet, despite repeated notifications that he cannot represent any corporation,
partnership, association, trust, or other non-natural juridical person in any
federal court, Barrett persists in filing pleadings on behalf of Grace
United States Court of Appeals
Fifth Circuit
F I L E D
December 26, 2007
Charles R. Fulbruge III
Clerk

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Development Company Trust in his alleged capacity as Trustee. All such
filings, including the appeal of the captioned case to this court and briefs and
record excerpts filed here in connection therewith, are null and void. Indeed,
tardy as it was, his appeal of the rulings of the bankruptcy court to the
district court were without legal effect for the same reason and thus failed to
vest the district court with jurisdiction to entertain Grace’s (or Barrett’s)
action. The illegitimacy of these proceedings is merely compounded by
Barrett’s feckless efforts to appeal to us from the district court’s dismissal for
its own lack of jurisdiction.
We dismiss this appeal for lack of jurisdiction. Inasmuch as Barrett’s
efforts to obtain an appeal in this court have absolutely no basis in fact or
law, it is frivolous as a matter of law; and Barrett is ordered to file a pleading
in this court within ten (10) days following the filing date of this opinion, not
to exceed ten pages in length, to show cause why he should not be sanctioned
pursuant to Federal Rule of Appellate Procedure 38 for just damages and
single or double costs of this appeal. Further, Barrett is cautioned that,
except for filing the show-cause pleading thus ordered, any filings or other
efforts on his part to extend, prolong, or otherwise continue pursuing the
instant matter in this court or any other court within the Fifth Circuit shall
result in the imposition of further sanctions.
DISMISSED; Appellant ordered to show cause.

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