Filed: Feb. 17, 2004
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 18, 2004 Charles R. Fulbruge III Clerk No. 03-40858 Conference Calendar MEDI-EQUIP SALES & RENTALS/HEALTHCARE MEDICAL; KEITH O. IRBY, Individually and Sole Owner, Plaintiffs-Appellants, versus TOMMY THOMPSON, SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES; BLUE CROSS BLUE SHIELD TEXAS- DALLAS; DR. COLEMAN, Chief Executive Officer; BARBARA HARVEY, Supervisor; LINDA PARKE
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 18, 2004 Charles R. Fulbruge III Clerk No. 03-40858 Conference Calendar MEDI-EQUIP SALES & RENTALS/HEALTHCARE MEDICAL; KEITH O. IRBY, Individually and Sole Owner, Plaintiffs-Appellants, versus TOMMY THOMPSON, SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES; BLUE CROSS BLUE SHIELD TEXAS- DALLAS; DR. COLEMAN, Chief Executive Officer; BARBARA HARVEY, Supervisor; LINDA PARKER..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 18, 2004
Charles R. Fulbruge III
Clerk
No. 03-40858
Conference Calendar
MEDI-EQUIP SALES & RENTALS/HEALTHCARE MEDICAL;
KEITH O. IRBY, Individually and Sole Owner,
Plaintiffs-Appellants,
versus
TOMMY THOMPSON, SECRETARY, DEPARTMENT OF HEALTH
AND HUMAN SERVICES; BLUE CROSS BLUE SHIELD TEXAS-
DALLAS; DR. COLEMAN, Chief Executive Officer;
BARBARA HARVEY, Supervisor; LINDA PARKER, Supervisor;
RHONDA RICHARDSON, Program Compliance; HEALTH CARE
FINANCE ADMINISTRATION (CMS)-DALLAS; DAVE McNALLY,
Deputy Director-Baltimore; SUSAN McLAUGHLIN,
Supervisor-Dallas; MAGDA FLORES, Assistant-Dallas (R);
JERRY SCONCE, Director-Dallas (R),
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-03-CV-316
--------------------
Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Keith O. Irby, a Texas resident, filed this pro se civil
action on behalf of his company, Medi-Equip Sales & Rentals,
against the captioned defendants, seeking to recover millions of
*
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that this opinion should not be published and is not precedent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.
No. 03-40858
-2-
dollars from the defendants for medical-equipment sales that
he alleges were lost because the defendants fraudulently caused
him to be prosecuted and convicted for mail fraud in 1989.
The district court dismissed the action sua sponte pursuant to an
August 23, 2002, sanction order in Irby’s criminal case, No. 88-
CR-308-ALL, which prevented him from filing in the district court
for the Southern District of Texas any action that “relates to
his criminal case.”
The district court did not abuse its discretion in
dismissing the instant lawsuit pursuant to the sanction order.
See Gelabert v. Lynaugh,
894 F.2d 746, 747-48 (5th Cir. 1990).
Irby has alleged in this action that the allegedly fraudulent
conviction directly caused the harm for which he seeks redress.
The action is thus directly related to his criminal action.
Irby’s “Answer to Request for Corporate Counsel,” construed
as a request on behalf of Medi-Equip to proceed without a
licensed attorney, is DENIED as unnecessary.
The judgment of the district court is AFFIRMED.