Jerry Family of Sark v. Fed Home Loan Mtge, et al

* 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opinion should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
F I L E D
December 30, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10952
Summary Calendar
JERRY FAMILY OF SARK,
Plaintiff - Appellant,
versus
FEDERAL HOME LOAN MORTGAGE CORP
WELLS FARGO HOME MORTGAGE INC,
Defendants - Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:05-MC-24
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Before JONES, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:*
This appeal is apparently filed to challenge the district
court’s dismissal of plaintiffs’ case after the plaintiffs had
“removed” it from a Texas appellate court. Appeal is DISMISSED as
FRIVOLOUS.
First, the plaintiffs cannot “remove” to federal court a
case they chose to file in state court. Second, no private party
has the right to “remove” a case from a state appellate court to a
federal court. No issue of arguable merit has been raised

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concerning the district court’s jurisdiction.
The plaintiffs are warned that while federal courts grant
considerable leeway to pro se pleadings, they must still follow the
applicable law and procedural rules in presenting their case. No
attempt has been made to do so here. Should plaintiffs pursue
litigation in this court again in the same manner, they will be
sanctioned.
APPEAL DISMISSED, SANCTION WARNING.

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