Annamalai v. Sivanadiyan
Opinion of the Court
Annamalai Annamalai (“Annamalai”), proceeding pro se and in forma pauperis (“IFP”), filed a complaint and arbitration demand in the district court pursuant to 9 U.S.C. § 4 seeking to compel Parvathi Si-vanadiyan (“Sivanadiyan”) to arbitrate a dispute on an allegedly defaulted obligation to pay Annamalai $10,000 a week as long as he should live and thereafter to his daughter for her life. The district court dismissed the complaint as malicious under 28 U.S.C. § 1915(e)(2)(B)®, concluding that it was duplicative of a lawsuit previously filed in the Southern District of Indiana against Sivanadiyan.
On appeal, Annamalai contends that the district court was required to enter final judgment pursuant to Federal Rule of Civil Procedure 68 because Sivanadiyan had made an offer of judgment. However, we do not reach his substantive argument. Because Annamalai appeared IFP in the district court, the district court was obligated to “dismiss the case at any time” if it determined that the action or appeal was “frivolous or malicious.”
An appeal may be frivolous “if the result is obvious or the arguments of error are wholly without merit.”
For these reasons, we AFFIRM the opinion of the district court.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
. See Annamalai v. Sivanadiyan, 1:16-cv-03415-WTL-DKL (S.D. Ind. Mar. 20, 2017).
. These include: (1) Annamalai v. Rajkumar, No. 16-cv-4491 (S.D.N.Y. June 15, 2016); (2) Annamalai v. Reynolds, No. 1:16-cv-1373 (N.D. Ga. July 8, 2016); (3) Annamalai v. Paramasivam, No. 1:16-cv-6079 (N.D. Ill. July 13, 2016); (4) Annamalai v. United States, No. 16-815 (Fed. Cl. July 22, 2016); and (5) Annamalai v. United States, No. 16-816 (Fed. Cl. July 19, 2016).
. Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988).
. Edward H. Bohlin Co. v. Banning Co., Inc., 6 F.3d 350, 353 (5th Cir. 1993).
. 28 U.S.C. § 19I5(e)(2)(B)(i).
. 980 F,2d 994, 995 (5th Cir. 1993).
. He argues below in his Rule 59(e) motion that he voluntarily withdrew his suit in the Southern District of Indiana the day before the district court issued its final judgment by virtue of the mailbox rule, though the withdrawal was not filed until more than a month later. However, as he fails to brief this argument on appeal, we consider this felicitous argument waived. See Ocwen Loan Servicing, L.L.C. v. Berry, 852 F.3d 469, 472 (5th Cir. 2017).
. See Pittman, 980 F.2d at 995.
. Coghlan v. Starkey, 852 F,2d 806, 811 (5th Cir. 1988).
. See, e.g., Annamalai v. Seireveld, No. 2:17-cv-00274-WTL-MJD, 2018 WL 500612, at *2 (S.D. Ind. Jan. 22, 2018); Chinnathambi v. Cwalina, No. 1:10-CV-02830-RLV-JCF, 2013 WL 12239521, at *5 (N.D. Ga. Aug. 7, 2013).
.See, e.g., Annamalai v. Moon Credit Corp., 4:16-cv-01277 (S.D. Tex. Sept. 22, 2016).
Reference
- Full Case Name
- Annamalai ANNAMALAI v. Parvathi SIVANADIYAN
- Cited By
- 5 cases
- Status
- Published