You know we’ve been commenting internally about the fact that when you look at the Fifth Circuit structure, it’s bound to have psychological and mental stresses on the Justices. Meaning if you look at the docket, about 80% of the cases they hear are criminal and 20% civil. We’ve held that this is not right, judges should not be dealing with both at the same time because their brains can’t switch off from criminal, as seen in this ruling.
Yes, it’s bound to screw with your brain, but this comment is just out-of-order and just not acceptable, no matter the case. It’s a civil case that is apparently reviewed and signed off by a panel of 3 judges. The client has paid his dues to get heard in a Court of Law. What right have they to threaten a civil litigant like this?
Aggressive Opinions from the Fifth Circuit are on the rise in 2018 as they seek to clear the docket for another year.
Everyone has targets, and so does the Fifth regarding case filings. Getting them in and out as quickly as possible is a key parameter.
In this particular Opinion, it’s concludes it’s opinion calling the homeowner a “Non-Prisoner” with the named panel sitting;
“Mason’s appeal is without arguable merit and is frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983).
Because the appeal is frivolous, it is DISMISSED. See 5TH CIR. R. 42.2.
This is the second time that Mason has unsuccessfully sought judicial relief from the foreclosure on his home. See Mason v. Fremont Investment & Loan, 671 F. App’x 880 (5th Cir. 2016).
Mason IS WARNED, as a non-prisoner, that future frivolous filings will invite the imposition of sanctions, which may include monetary sanctions or restrictions on his ability to file pleadings in this court or any court subject to this court’s jurisdiction. APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.”
Panel consisted of: ELROD, GRAVES & DUNCAN