Filed: Jul. 29, 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 July 29, 2004 Charles R. Fulbruge III Clerk No. 04-10213 Summary Calendar BARNEY JOE DONALSON, JR., Petitioner-Appellant, versus UNITED STATES OF AMERICA, Respondent-Appellee. - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:03-CV-143 - Before DAVIS, SMITH and DENNIS, Circuit Judges. PER CURIAM:* Barney Joe Donalson, Jr., a/k/a Damon Downs
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 29, 2004 Charles R. Fulbruge III Clerk No. 04-10213 Summary Calendar BARNEY JOE DONALSON, JR., Petitioner-Appellant, versus UNITED STATES OF AMERICA, Respondent-Appellee. - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:03-CV-143 - Before DAVIS, SMITH and DENNIS, Circuit Judges. PER CURIAM:* Barney Joe Donalson, Jr., a/k/a Damon Downs,..
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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 July 29, 2004
Charles R. Fulbruge III
Clerk
No. 04-10213
Summary Calendar
BARNEY JOE DONALSON, JR.,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:03-CV-143
--------------------
Before DAVIS, SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
Barney Joe Donalson, Jr., a/k/a Damon Downs, Texas prisoner
# 423754, has received permission to appeal the district court’s
imposition of sanctions against him. To the extent that he
challenges the dismissal as frivolous of his 28 U.S.C. § 2241
petition, he has not received permission to do this and we will
not consider these claims.
Donalson asserts that the district court erred in ordering
him to pay $100 because he has been deprived of the ability to
*
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this opinion should not be published and is not precedent except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. 04-10213
-2-
use his prison funds. He has not established that the district
court abused its discretion in imposing such a sanction.
See Crowe v. Smith,
151 F.3d 217, 226 (5th Cir. 1998).
Donalson also challenges the district court’s injunction
barring him from filing a lawsuit, civil action, or habeas corpus
petition in the Northern District of Texas or in any other court
where the case could be removed or transferred to the Northern
District of Texas. “[T]he imposition of sanctions must not
result in total, or even significant, preclusion of access to the
courts.” Thomas v. Capital Sec. Services, Inc.,
836 F.2d 866,
882 n.23 (5th Cir. 1988)(en banc). We have found no authority
approving a blanket prohibition on all filings in the district
court.
Rather than remanding the case for modification of the
sanctions order, however, acting under our general supervisory
power, we MODIFY the sanctions imposed by the district court and
ORDER that: Donalson is barred from filing in the Northern
District of Texas any document that attempts to challenge the
commencement day of his federal sentence vis à vis his potential
release from state custody on mandatory supervision. This
provision augments the earlier sanction requiring Donalson to
obtain permission to file any initial pleading in the district
courts subject to this court’s jurisdiction. See In re Downs,
No. 95-50282 (5th Cir. June 27, 1995)(unpublished).
The sanctions imposed are therefore AFFIRMED as MODIFIED.