U.S. Court of Appeals for the Fifth Circuit, 2004

United States v. Phillips

United States v. Phillips
U.S. Court of Appeals for the Fifth Circuit · Decided October 21, 2004 · Jolly, Jones, Per Curiam, Wiener
110 F. App'x 431

United States v. Phillips

Opinion

PER CURIAM: *

William Ray Phillips, II, federal prisoner #26337-180, appeals from the district court’s denial of his “MOTION FOR INSOLVENCY.” Phillips argued in the motion, and argues on appeal, that the Bureau of Prisons is engaging in unfair debt collection practices for purposes of the Fair Debt Collection Practices Act by garnishing a portion of his prison earnings to satisfy his criminal fine and special assessment.

*432 Phillips’s criminal fine and special assessment are not fines for purposes of the Fair Debt Collection Practices Act. See 15 U.S.C. § 1692a(5). The district court properly denied Phillips’s “MOTION FOR INSOLVENCY.” Because Phillips’s instant appeal lacks arguable merit, it is DISMISSED as frivolous. See 5th Cir. R. 42.2; Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Phillips is warned that he will be subject to sanctions if he makes any further frivolous filings.

APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.

*

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be *432 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.