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574 F.2d 197

Docket No. 78-1506.

Theriault v. Silber

Fifth Circuit Court of Appeals

Decided May 16, 1978.

Fifth Circuit Court of Appeals · decided 1978-05-16

3 counsel of record

Key passage — most relied on by later courts

“vile and insulting references to the trial judge.”); cf. FED. R. CIV. P. 12(f) (”

quoted by 1 later decision, including Joseph Johnson, Jr. v. Alison Ashmore

Good law ✅— No negative treatment on recordhow we know

Decided 1978-05-16

How this case has been cited

Cited by 19 later decisions — most recently March 2017

5 federal appellate · 5 district ·

12019781980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Dr. Harry W. Theriault, pro se.

¶2Jamie C. Boyd, U. S. Atty., San Antonio, Tex., Michael T. Milligan, Sp. Asst. U. S. Atty., El Paso, Tex., for defendants-appel-lees.

¶3Joseph S. Blair pro se, amicus curiae.

¶4Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

¶5ORDER

¶6The appellee moves to strike the appellant’s notice of appeal and dismiss the appellant’s appeal in the instant case because the appellant’s notice of appeal contains vile and insulting references to the trial judge. We have examined the notice of appeal and agree that it contains disrespectful and impertinent references to the trial judge. See Rule 12(f), F.R.Civ.P. Such documents are beneath the dignity of this court. Nothing in our liberal pro se practice dictates that this court receive abusive documents. The appellee’s motions to strike the notice of appeal and dismiss the appeal are therefore GRANTED. Appellant has ten days from the issuance of this Order to file a proper notice of appeal. If he does so, his appeal and motion to appoint counsel will be reinstated. The appellant is further directed to Rule 3(c), Rules of Appellant Procedure and Form 1 in the appendix of forms of the appellant rules for a suggested form for notice of appeal.

¶7IT IS SO ORDERED.

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