Teresa Cooper, et al v. USA, et al, No. 14-40998 (5th Cir. 2016)

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Case: 14-40998 Document: 00513331536 Page: 1 Date Filed: 01/06/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-40998 Summary Calendar United States Court of Appeals Fifth Circuit FILED January 6, 2016 TERESA WARD COOPER; JAY S. COOPER, Plaintiffs - Appellants Lyle W. Cayce Clerk v. UNITED STATES OF AMERICA; CHARLES H. BROWN, III; APPROXIMATELY FIFTEEN UNKNOWN AGENTS OF THE U.S. DEPARTMENT OF HOMELAND SECURITY; ONE UNKNOWN AGENT OF THE UNITED STATES POSTAL SERVICE; TWO UNKNOWN AGENTS OF THE FEDERAL BUREAU OF PRISONS, Defendants - Appellees Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:13-CV-487 Before REAVLEY, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* The judgment of the district court is affirmed for the following reasons. Plaintiffs have complained of property taken from their home in Plano in 2010. Thereafter they have filed several lawsuits for related complaint. A 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 14-40998 Document: 00513331536 Page: 2 Date Filed: 01/06/2016 No. 14-40998 judgment was rendered in one case on October 14, 2011, dismissing without prejudice and ordering monetary sanctions against Plaintiffs. Plaintiffs failed to appeal and have never complied with the sanctions order. Subsequently, the present suit has been dismissed without prejudice because Plaintiffs simply disregarded the court’s order. The court acted under the law and its discretion in doing so. See United Markets Int’l v. Smith, 24 F.3d 650, 654 (5th Cir. 1994). If Plaintiffs could not afford costs of suit without hardship, they might be financially eligible to proceed IFP. In this case, however, no effort has been made to obey the previous court order, and the district court has certified that the appeal is not taken in good faith. AFFIRMED. 2

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