Makedwde Publishing vs. Johnson, (5th Cir. 1997)
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* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 95-30472 Summary Calendar JOSEPH C. JONES, d/b/a MAKEDWDE PUBLÂ’G CO.; RON PUBLÂ’G CO.; RIC RECORDS, Plaintiffs-Appellants, JOSEPH S. RUFFINO, JR., Movant-Appellant, versus ALVIN LEE JOHNSON, SR., ET AL., Defendants, and PAUL M. LEE, SR. ET AL., Defendants-Appellees.
DALVA ONE STOP RECORDS & TAPES, Movant-Appellee. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. CA-91-879-B March 27, 1997 Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM: * Appellant Joseph C. Jones d/b/a Makedwde Publishing Co., Ron Publishing Co., and Ric Records argues that the district court - erred in granting the defendantsÂ’ motions for summary judgment and in denying JonesÂ’ motion for reconsideration.
We have reviewed the record, including the several orders issued by the district court and the briefs of the parties, and find that Jones has failed to raise an issue of arguable merit on appeal. Therefore, the appeal is DISMISSED as frivolous. See 5th Cir. R. 42.2. IT IS ORDERED that JonesÂ’ motion to strike the appelleesÂ’ brief and his request for the imposition of sanctions against the defendants are DENIED.
IT IS ORDERED that the motion of the defendants for the imposition of sanctions and costs is GRANTED. The matter is REMANDED to the district court for the determination of the amount of sanctions to be imposed. Counsel for the moving defendants are to submit affidavits to the district court stating the time expended in defending the appeal and the motion to strike their brief and a statement of the fees charged to their clients. Appellant Joseph Ruffino, Jr., failed to sign the notice of appeal. Therefore, his appeal is DISMISSED for lack of jurisdiction. See Smith v. White , 857 F.2d 1042, 1043 (5th Cir. 1988).
APPEAL DISMISSED. REMANDED.
No. 95-30472 -
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