Filed: Jul. 02, 2013
Latest Update: Mar. 28, 2017
Summary: Case: 12-11191 Document: 00512292929 Page: 1 Date Filed: 07/01/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED July 1, 2013 No. 12-11191 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JACK WADE WARREN, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:83-CR-138-1 Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:
Summary: Case: 12-11191 Document: 00512292929 Page: 1 Date Filed: 07/01/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED July 1, 2013 No. 12-11191 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JACK WADE WARREN, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:83-CR-138-1 Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:*..
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Case: 12-11191 Document: 00512292929 Page: 1 Date Filed: 07/01/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 1, 2013
No. 12-11191
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JACK WADE WARREN,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:83-CR-138-1
Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Jack Wade Warren, federal prisoner # 13477-077, appeals from the district
court’s denial of his request for a hearing regarding a “Stipulation for Value and
Claim to Arrested Property” that he had filed earlier. He argues on appeal that
his stipulation and claim were filed in accordance with a valid admiralty rule,
the Government’s failure to respond should be construed as its acquiescence to
his stipulation and claim, and the district court erred by failing to enforce the
admiralty rule.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Case: 12-11191 Document: 00512292929 Page: 2 Date Filed: 07/01/2013
No. 12-11191
Pro se pleadings are afforded liberal construction. Haines v. Kerner,
404
U.S. 519, 520-21 (1972). However, if a motion cannot be construed in such a way
that relief is possible, it is a “meaningless, unauthorized motion” properly denied
by the district court. United States v. Early,
27 F.3d 140, 141-42 (5th Cir. 1994).
As found by the district court, Warren’s stipulation, claim, and request for
hearing were nonsensical and did not offer any coherent claim for relief. Thus,
they were properly denied by the district court as meaningless, unauthorized
motions. See id.
As Warren’s appeal is utterly without merit, it is dismissed as frivolous.
See 5TH CIR. R. 42.2. We caution Warren that future repetitive, frivolous, or
abusive filings may result in the imposition of sanctions, including dismissal,
monetary sanctions, and restrictions on his ability to file pleadings in this court
or any court subject to this court’s jurisdiction.
APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.
2