Filed: Oct. 24, 2006
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 October 24, 2006 Charles R. Fulbruge III Clerk No. 05-30978 Conference Calendar NAOMI SANDRES, Plaintiff-Appellant, versus STATE OFFICE OF GENERAL COUNSEL; CHARLES C. FOTI, Jr., Office of the Attorney General for the State of Louisiana; LOUISIANA PSYCHIATRIC CLINIC; JERRY SANDERS; ROBERT CHRISTOPHER FRUGE; ROSE WOODEN, Defendants-Appellees. - Appeal from the United States District C
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 24, 2006 Charles R. Fulbruge III Clerk No. 05-30978 Conference Calendar NAOMI SANDRES, Plaintiff-Appellant, versus STATE OFFICE OF GENERAL COUNSEL; CHARLES C. FOTI, Jr., Office of the Attorney General for the State of Louisiana; LOUISIANA PSYCHIATRIC CLINIC; JERRY SANDERS; ROBERT CHRISTOPHER FRUGE; ROSE WOODEN, Defendants-Appellees. - Appeal from the United States District Co..
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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 October 24, 2006
Charles R. Fulbruge III
Clerk
No. 05-30978
Conference Calendar
NAOMI SANDRES,
Plaintiff-Appellant,
versus
STATE OFFICE OF GENERAL COUNSEL; CHARLES C. FOTI, Jr.,
Office of the Attorney General for the State of Louisiana;
LOUISIANA PSYCHIATRIC CLINIC; JERRY SANDERS; ROBERT CHRISTOPHER
FRUGE; ROSE WOODEN,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:03-CV-712
--------------------
Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Naomi Sandres appeals the dismissal of her lawsuit, alleging
that, in connection with a previous lawsuit, Robert Christopher
Fruge of the State Office of General Counsel, Rose Wooden of the
Office of the Attorney General, and Dr. Jerry Sanders of the
Louisiana Psychiatric Clinic obtained copies of her medical
records without her consent and refused to give her copies of
those records in violation of certain federal and state discovery
*
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this opinion should not be published and is not precedent except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. 05-30978
-2-
rules. The district court granted Wooden’s and Fruge’s summary
judgment motions and dismissed Sandres’s claims against them
because, inter alia, her claims against them were barred by res
judicata. The district court dismissed her claims against the
remaining defendants without prejudice because, as to some
defendants, no responsive pleadings had been filed and no default
had been entered, and, as to other defendants, service of process
was never effectuated.
Failure to identify an error in the district court’s
analysis is the same as if the appellant had not appealed the
judgment. Brinkmann v. Dallas County Deputy Sheriff Abner,
813 F.2d 744, 748 (5th Cir. 1987). Because Sandres has failed to
identify any error regarding the district court’s reasons for
granting Wooden’s and Fruge’s summary judgment motions and for
dismissing the remaining defendants from the lawsuit without
prejudice, she has failed to brief the issues for appeal
adequately. See id.; see also Yohey v. Collins,
985 F.2d 222,
225 (5th Cir. 1993).
Sandres’s appeal is without arguable merit and is frivolous.
See Howard v. King,
707 F.2d 215, 219-20 (5th Cir. 1983).
Because the appeal is frivolous, it is dismissed. See 5TH CIR.
R. 42.2. Sandres has previously been warned not to file
frivolous appeals. See Sandres v. State Office of General
Counsel, No. 04-30864 (5th Cir. June 21, 2005). Because Sandres
continues to file frivolous appeals, it is ordered that she now
No. 05-30978
-3-
pay sanctions in the amount of $250, payable to the clerk of this
court. The clerk of this court and the clerks of all federal
district courts within this circuit are directed to refuse to
file any civil complaint or appeal by Sandres unless she submits
proof of satisfaction of this sanction. If Sandres attempts to
file any further notices of appeal or original proceedings in
this court without such proof, the clerk will docket them for
administrative purposes only. Any other submissions which do not
show proof that the sanction has been paid will neither be
addressed nor acknowledged. Because Sandres’s lawsuit has been
dismissed, her motion for leave to amend her complaint is denied
as moot.
APPEAL DISMISSED; MOTION DENIED AS MOOT; SANCTION IMPOSED.