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Dr. Harry W. Theriault v. Frederick Silber, Director, United States Chaplain ServiceDr. Harry W. Theriault v. Frederick Silber, Director, United States Chaplain Service

Court of Appeals for the Fifth Circuit
May 16, 1978
78-1506
Versions:

ORDER

The 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.

IT IS SO ORDERED.

Case Details

Case Name: Dr. Harry W. Theriault v. Frederick Silber, Director, United States Chaplain Service
Court Name: Court of Appeals for the Fifth Circuit
Date Published: May 16, 1978
Citations: 574 F.2d 197; 1978 U.S. App. LEXIS 11158; 25 Fed. R. Serv. 2d 1164; 78-1506
Docket Number: 78-1506
Court Abbreviation: 5th Cir.
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    Dr. Harry W. Theriault v. Frederick Silber, Director, United States Chaplain Service, 574 F.2d 197