Summary Calendar In The Matter of: JOHN SHAVERS Debtor JOHN SHAVERS v. United States Fire Insurance Company

United States Court of Appeals
Fifth Circuit
F I L E D
October 4, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 06-30106
Summary Calendar
In The Matter of: JOHN SHAVERS
Debtor
JOHN SHAVERS
Appellant
v.
UNITED STATES FIRE INSURANCE COMPANY; HERBERT J. STELLY, SR.;
GENERAL ELECTRIC CAPITAL CORPORATION; SHAVERS-WHITTLE
CONSTRUCTION INC; JAMES A. KOERBER; ANN B. SHAVERS; JAMES
STOCKSTILL; STRIBLING EQUIPMENT; TOYOTA MOTOR CREDIT CORPORATION
Appellees
Appeal from the United States District Court
for the Eastern District of Louisiana
(05-CV-2746)
Before DEMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Debtor-appellant John E. Shavers appeals from a January 4,
2006 order by Judge Lance M. Africk of the Eastern District of
Louisiana. In that order, Judge Africk dismissed with prejudice
Shavers’ appeal from the order of the United States Bankruptcy
* 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this opinion should not be published and is not precedent except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.

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Court for the Eastern District of Louisiana denying Shavers’
motion to dismiss his involuntary bankruptcy petition. For the
reasons that follow, we affirm Judge Africk’s order.
In August 2003 an involuntary bankruptcy petition was filed
against Shavers in the United States Bankruptcy Court for the
Eastern District of Louisiana. After entering an order of relief
under Chapter 11, the Louisiana bankruptcy court transferred
Shavers’ case to the Bankruptcy Court for the Southern District
of Mississippi, where a related civil proceeding was ongoing.
While Shavers initially sought to stay the transfer of his case,
at a November 4, 2003 hearing, Shavers’ counsel consented to the
change of venue.
After the case had been transferred to the Mississippi
bankruptcy court, Shavers brought an appeal to the Eastern
District of Louisiana, challenging the Louisiana bankruptcy
court’s denial of Shavers’ motion to dismiss. Judge Mary Ann Vial
Lemmon of the Eastern District of Louisiana, noting that Shavers’
case had been transferred to the Southern District of
Mississippi, similarly transferred his appeal. Shavers’ appeal
was heard and denied by Judge Louis Guirola of the Southern
District of Mississippi in February 2005.
In July 2005 Shavers filed another appeal to the Eastern
District of Louisiana of the Louisiana bankruptcy court’s order
denying his motion to dismiss. This appeal was reviewed by Judge
Africk of the Eastern District of Louisiana. Judge Africk

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dismissed Shaver’s appeal, explaining that the issues raised
therein were the same as had been presented in Shavers’ earlier
appeal that was transferred to and ruled upon by Judge Guirola.
It is this decision by Judge Africk that Shavers challenges
before this court.
We hold that Judge Africk’s dismissal of Shavers’ appeal was
proper. Shavers’ second appeal to the Eastern District of
Louisiana presented essentially the same issues as his first
appeal, which was transferred to and ruled upon by Judge Guirola
of the Southern District of Mississippi. Principles of res
judicata therefore prevent a court of the United States from
hearing Shavers’ claims a second time. Moreover, since Shavers’
case had been properly transferred to the Southern District of
Mississippi, the Eastern District of Louisiana lacked
jurisdiction to hear his appeal.
We further note that Shavers appealed Judge Guirola’s ruling
to this court, which affirmed his ruling in May 2006. This court
has thus already heard and rejected the arguments that Shavers
raises in his latest appeal. Shavers’ appeal of Judge Africk’s
ruling appears to be an attempt to delay legal resolution and
frustrate his creditors. We warn Shavers that further frivolous
filings will result in sanctions by the court.
AFFIRMED

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