Filed: Mar. 07, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-10655 Conference Calendar _ RONALD DALE ALEXANDER, Plaintiff-Appellant, versus JESSE BROWN, Individually and in his official capacity as Secretary of Veterans Affairs, Washington, D.C., ET AL., Defendants, MHMR CENTER, Individually and in its official capacity as Mental Health Center for Grayson County, Sherman, TX 75090, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Northern Distr
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-10655 Conference Calendar _ RONALD DALE ALEXANDER, Plaintiff-Appellant, versus JESSE BROWN, Individually and in his official capacity as Secretary of Veterans Affairs, Washington, D.C., ET AL., Defendants, MHMR CENTER, Individually and in its official capacity as Mental Health Center for Grayson County, Sherman, TX 75090, Defendant-Appellee. - - - - - - - - - - Appeal from the United States District Court for the Northern Distri..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-10655
Conference Calendar
__________________
RONALD DALE ALEXANDER,
Plaintiff-Appellant,
versus
JESSE BROWN, Individually and in his
official capacity as Secretary of Veterans
Affairs, Washington, D.C., ET AL.,
Defendants,
MHMR CENTER, Individually and in its
official capacity as Mental Health Center
for Grayson County, Sherman, TX 75090,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 95-10655
- - - - - - - - - -
February 29, 1996
Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
This court must examine the basis of its jurisdiction on its
own motion if necessary. Mosley v. Cozby,
813 F.2d 659, 660 (5th
Cir. 1987). In this prisoner civil rights action, the plaintiff,
Ronald Dale Alexander, has filed a pro se notice of appeal in
which he requests that we order the district judge to recuse
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-10655
-2-
himself.** The appeal must be dismissed for lack of
jurisdiction, as it is not taken from a final or otherwise
appealable order. See 28 U.S.C. ยงยง 1291, 1292.
This is Alexander's third frivolous appeal in the same
action. This court has warned Alexander in two previous appeals
that further prosecution of frivolous appeals in this court may
result in the imposition of sanctions. Alexander v. Brown, No.
95-10537 (5th Cir. July 11, 1995) (unpublished order); Alexander
v. Richards and Morales, No. 95-40469 (5th Cir. Oct. 18, 1995)
(unpublished order). Accordingly, Alexander is BARRED from
filing any pro se, in forma pauperis, civil appeal in this court,
or any pro se, in forma pauperis, initial civil pleading in any
court which is subject to this court's jurisdiction, without the
advance written permission of a judge of the forum court; the
clerk of this court and the clerks of all federal district courts
in this Circuit are directed to return to Alexander, unfiled, any
attempted submission inconsistent with this bar.
APPEAL DISMISSED; SANCTIONS IMPOSED.
**
According to the district court's docket sheet,
Alexander has not filed a motion in the district court requesting
recusal.