Bayoud v. Mims
Bayoud v. Mims
Opinion
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10344
Summary Calendar
In the Matter of PAIGE BAYOUD, Debtor.
PHILIP S. BAYOUD, Appellant,
versus
JEFFREY MIMS; NABIL F. SAHLIYEH; SETCO INTERNATIONAL FORWARDING CORP.; DOUGLAS C. KITTELSON; HANNA F. SAHLIYEH; HFS MANAGEMENT INC.; WILLIAM L. HUTCHINSON; JOSEPH DAVID BURLESON; JAWAD M. AL MOTAWA, Appellees.
Appeal from the United States District Court For the Northern District of Texas (3:98-CV-155-L)
September 26, 2000
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Appellant Philip Bayoud, brother of debtor Paige Bayoud,
appealed an order in the bankruptcy court by Judge Felsenthal
authorizing employment of a mediator to assist resolution of an
adversary proceeding between the trustee of Paige Bayoud’s estate
and various creditors. The district court dismissed the appeal as
interlocutory, also noting that Bayoud was not a party to the
adversary proceeding. It then denied appellant’s request for a
rehearing. In the meantime, the mediation was successfully
completed. Appellant did not appeal the bankruptcy court’s final
order in the adversary proceeding.
It is thus apparent that appellant lacks standing, the
challenged order is interlocutory and unappealable, and the appeal
is moot. Further, appellant makes no intelligible argument in his
appeal. Even construed liberally, because Bayoud appeals pro se,
his briefs present no more than a series of conclusory allegations
of criminal conduct by various parties that does not bear on the
challenged order in any way. Worse, the record reveals that
appellant’s aspersions of unspecified fraud upon him merely
reiterate claims he has made in various filings over the past two
and one-half years. These claims have been repeatedly rejected by
the bankruptcy court, district court, and this court. Judge
Felsenthal has sanctioned Bayoud on at least three occasions.
We found Bayoud’s last appeal to be “patently frivolous,” and
although we declined to sanction Bayoud, we explicitly warned him
“that sanctions can be imposed for filing frivolous appeals such as
2 this one. Further vexatious filings from Bayoud . . . will subject
Bayoud to monetary sanctions.”1
We are unable to comprehend any basis for this appeal. Because
we find this appeal to be repetitive, frivolous, and vexatious, we
AFFIRM the district court’s dismissal of Bayoud’s appeal and
SANCTION Philip Bayoud in the amount of $250 to be paid to the
clerk of the court.
1 Bayoud v. Mims, No. 99-10484 (5th Cir. Dec. 27, 1999) (per curiam) (unpublished).
3
Reference
- Status
- Unpublished