Summary Calendar ROBERT N. BATTLE, As Trustee of KTW Group v. UNITED STATES OF AMERICA (Internal Revenue Service)

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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. 07-40644
Summary Calendar
_____________________
ROBERT N. BATTLE, As Trustee of
KTW Group
Plaintiff-Appellant
v.
UNITED STATES OF AMERICA (Internal
Revenue Service)
Defendant-Appellee
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Appeal from the United States District Court
for the Eastern District of Texas
(9:06-CV-109)
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Before WIENER, GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant is not an attorney, but a physician who purports to
appear pro se as Trustee of an entity that he has labeled the KTW Group.
This appeal is not from the district court’s substantive judgment but from an
Order signed June 6, 2007 and entered June 7, 2007, denying Battle’s third
motion for reconsideration, or in the alternative, a motion to dismiss under
United States Court of Appeals
Fifth Circuit
F I L E D
February 8, 2008
Charles R. Fulbruge III
Clerk

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Rule 60(b). Like the underlying litigation in this case, Battle’s motion for
reconsideration is wholly without merit, as is this appeal, so the Order
appealed from is AFFIRMED.
Further, the district court determined that Battle’s litigation is
multiplicitous and harassing, and ordered the Clerk of that court not to
accept any further motions for reconsideration and to return any such
pleadings and filings. We affirm that ruling as well and add that the Clerk of
this court and the clerks of all other federal courts within the geographical
jurisdiction of this court, refuse to accept any pleadings whatsoever from
Battle in any way arising from or connected with the underlying subject
matter of this action. Moreover, Battle is cautioned that any further
attempts on his part to delay the foreclosures sought by the Internal Revenue
Service or otherwise to prolong or delay this litigation shall result in the
imposition of sanctions from this court.
Finally, Battle is reminded that he may proceed in federal court pro se
only as to matters in which he is a litigant individually, not in a
representative capacity of any other person or entity. As a non-lawyer, he
may not appear, pro se or otherwise, as the legal representative of any other
party, even one that is or may be deemed to be merely a nominee of his. As
with any further contumacious prolongation of these proceedings, any further

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effort of Battle to appear pro se other than strictly in his own right shall
expose him to sanctions.
AFFIRMED; further related filings prohibited; sanctions warning issued.

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