Petition for Writ of Certiorari — In Re Rayfield J. Thibeaux, Petitioner

SUPREME COURT OF THE UNITED STATES

In Re: Rayfield J. Thibeaux- PETITIONER

APPENDIX

A

U.S. District Judge Charles Eskridge Order of Dismissal;

Thibeaux v. Finne, 4:23-cv-03783; and

Motion for Leave To Reopen And File The Pending Complaint

Case 4:23-cv-03783

Document 11

Filed on 03/15/24 in TXSD

Page 2 of 4

45249201010 and assessed punishment at ten years

confinement.

Thibeaux proceeds here pro se. He has paid the $402

filing fee. The United States Court of Appeals for the Fifth

Circuit imposed a preclusion order and monetary sanction

on July 8, 2021, in Appeal Number 20-30200:

Rayfield Joseph Thibeaux moves to proceed

in forma pauperis (IFP) in his appeal of the

dismissal of his pro se complaint, in which

he alleged that when he was incarcerated

at the Dixon Correctional Institute the

defendants implanted a monitoring device

into his body. Thibeaux has filed a motion

seeking leave to proceed IFP on appeal and

a motion for the appointment of counsel, as

well as other motions for protection and

assistance.

A movant for leave to proceed IFP on

appeal must show that he is a pauper and

that the appeal is taken in good faith, i.e.,

the appeal presents nonfrivolous issues.

See Carson v. Polley, 689 F.2d 562, 586 (5th

Cir. 1982). Although Thibeaux has filed an

affidavit of poverty that indicates that he

qualifies for IFP status, his allegations are

fantastic,

delusional,

and

wholly

incredible, so they lack an arguable basis in

fact and are frivolous. See Denton v.

Hernandez, 504 U.S. 25, 32-33 (1992).

Thibeaux has failed to show that his appeal

involves “legal points arguable on their

merits (and therefore not frivolous).”

Howard v. King, 707 F.2d 215, 220 (5th Cir.

1983) (internal quotation marks and

citations omitted). His motion to proceed

IFP on appeal is DENIED, and the appeal

is DISMISSED as frivolous. See Baugh v.

Taylor, 117 F.3d 197; 202 & n.24 (5th Cir.

2

Case 4:23-cv-03783

Document 11

Filed on 03/15/24 in TXSD

1997); 5TH ClR. R. 42.2. All other

outstanding motions are DENIED.

The claims made by Thibeaux in the

instant complaint are repetitive of claims

he made in two other appeals that were

dismissed as frivolous. See Thibeaux v.

Cain, 425 F. App’x 399 (5th Cir. 2011);

Thibeaux v. Unknown Psychiatrist, 751 F.

App’x 573, 574 (5th Cir. 2019). In denying

his motion for permission to proceed with

this appeal in No. 20-90018, we noted the

similarity of the allegations, noted their

frivolity, and concluded that Thibeaux had

not shown that he was raising a

nonfrivolous issue. Despite this order,

Thibeaux paid the sanctions in No. 1830457 and sought to reopen this appeal and

to proceed with a motion for IFP. Thibeaux

has a history of filing frivolous appeals and

he has been sanctioned and warned that

filing frivolous appeals would result in

sanctions. See Thibeaux, 751 F. App’x at

574; Thibeaux, 425 F. App’x at 399;

Thibeaux v. Fulbruge, 102 F. App’x 392,

393 (5th Cir. 2004).

Because Thibeaux has failed to heed these

warnings, IT IS FURTHER ORDERED

that Thibeaux is SANCTIONED in the

amount of $200 payable to the Clerk of this

court. Until the sanction has been paid in

full, he is BARRED from filing in this court

or any court subject to the jurisdiction of

this court any pleadings unless he first

obtains leave from the court in which he

seeks to file such a pleading. Additionally,

Thibeaux is WARNED that any future

unauthorized, repetitive, or frivolous

filings in this court or any court subject to

this court’s jurisdiction will subject him to

3

Page 3 of 4

No.

IN THE

SUPREME COURT OF THE UNITED STATES

In Re: Rayfield J. Thibeaux- PETITIONER

APPENDIX

B

U.S. District Judge Charles Eskridge Order of Dismissal;

Thibeaux v. Cayce,4:24-cv-02836; copies of the Clerk’s office,

and U.S.Attorney General’s office signatures, and all three

Certified mail receipts

Case 4:24-cv-02836

Document 26

Filed on 02/13/25 in TXSD

Page 1 of 2

United States District Court

Southern District of Texas

ENTERED

February 13, 2025

Nathan Ochsner, Clerk

United States District Court

Southern District of Texas

Houston Division

RAYFIELD J.

THIBEAUX,

Plaintiff,

VS.

Civil Action No

4:24-cv-02836

Judge Charles Eskridge

LYLE W. CAYCE,

Defendant.

Order Adopting

Memorandum and Recommendation

Plaintiff Rayfield J. Thibeaux filed a motion to

effectuate summons and complaint. Dkt 18. The matter

was referred for disposition to Magistrate Judge Richard

W. Bennett. Dkt 20.

Pending is a Memorandum and Recommendation by

Magistrate Judge Richard W. Bennett dated February 4,

2025. Dkt 23. He recommends that Plaintiffs motion to

effectuate summons and complaint be denied because

Plaintiff did not obtain leave to file any pleadings, despite

the Fifth Circuit’s order requiring him to do so. Id at 3-4.

Alternatively, he found that even if Plaintiff had obtained

permission to file suit, he failed to properly serve

Defendant Lyle W. Cayce. Id at 6. Also pending are

objections to the Memorandum and Recommendation filed

by Plaintiff. Dkt 24.

The district court reviews de novo those conclusions of

a magistrate judge to which a party has specifically

objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see

also United States v Wilson, 864 F2d 1219, 1221 (5th Cir

1989, per curiant). The district court may accept any other

portions to which there’s no objection if satisfied that no

Case 4:24-cv-02836

Document 26

Filed on 02/13/25 in TXSD

Page 2 of 2

clear error appears on the face of the record. See Guillory v

PPG Industries Inc, 434 F3d 303, 308 (5th Cir 2005), citing

Douglass v United Services Automobile Association, 79 F3d

1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b)

advisory committee note (1983).

Upon de novo review and determination, Plaintiffs

objections lack merit. The Memorandum and

Recommendation clearly details the pertinent facts and

correctly applies controlling law.

The objections by Plaintiff to the Memorandum and

Recommendation of the Magistrate Judge are OVERRULED.

Dkt 24.

No clear error otherwise appears upon review and

consideration of the Memorandum and Recommendation,

the record, and the applicable law.

The Memorandum and Recommendation of the

Magistrate Judge is ADOPTED as the Memorandum and

Order of this Court. Dkt 23.

SO ORDERED.

Signed on February 13, 2025, at Houston, Texas.

Hon. Charles Eskridge

United States District Judge

2

Case 4:24-cv-02836

Document 24

Filed on 02/10/25 in TXSD

Page 3 of 5

United States Court ofAppeals

FIFTH CIRCUIT

OFFICE OF THE CLERK

TEL. 504-310-7700

600 S. MAESTRI PLACE,

Suite 115

NEW ORLEANS, LA 70130

LYLE W. CAYCE

CLERK

January 15, 2025

Mr. Rayfi:eld J. Thibeaux

8205 Braesmain Drive

Unit 2010.5

Houston, TX 77225

Dear Mr. Thibeaux,

On January 6, 2025, we received a copy of your civil complaint and

its attachments filed in the United States Southern District of

Texas - Houston, case number 4:24-CV-2836.

In light -of the fact that the complaint lists the Clerk of this

Court, Mr. Lyle W. Cayce, as the Defendant, the copy has been

construed as service of the complaint to Mr. Cayce.

If you intended any other action, then please be advised that we

do not accept original civil suits, except in rare exceptions not

relevant to your case. We only hear appeals from -final judgments

of the U.S. District Courts.

If the district court has issued

final judgment in your case, you may file a notice of appeal in

that court.

Sincerely,

LYLE W. CAYCE, Clerk

By:

Dantrell L. Johnson, Deputy Clerk

504-310-7689

Case 4:24-cv-02836

Document 24

Filed on 02/10/25 in TXSD

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF TEXAS

Page 1 of 5

United States Courts

Southern District of Texas

FILED

FEB 1 0 2025

Rayfield Thibeaux,Plaintiff

Nathan Ochsnen Clerk ofCsiutj

V.

Civil Action No. 24-cv-2836

Lyle W. Cayce,Clerk

Fifth Circuit Court of Appeals

PLAINTIFF’S WRITTEN OBJECTIONS TO THE COURT’S FINDINGS

INTO Court comes Rayfield J. Thibeaux in his written objections to the court's

findings pursuant to Federal Rules of Civil Procedure and based on the following

grounds:

1) The sanction was paid in Appeal No. 20-30200 to the clerk’s of this court in

Thibeaux V. Firmer; 4:23-cv-3783;

2)No sanction was ever imposed in Thibeaux V. Cayce;4:24-cv-2836;

3) On 1/08/2025 a motion was again filed with hard copy of signature

from the Clerk's office but the signature was not legible. However, an attached

copy of the certified mail receipt with tracking number and Lyle W. Cayce, Fifth

Circuit Clerk as recipient was named;

4) On January 15,2025 Deputy Clerk Dantrell L. Johnson from the Fifth Circuit

Clerk's office acknowledged receipt of the Summon and Complaint mailed January

2,2025 and a copy of the letter, signature , receipt and this motion will be

mailed to Magistrate Judge Richard W. Bennett's chambers,? 15 Rusk Suite

7019, Houston, Texas 77002 ;

1.

Case 4:24-cv-02836

Document 24

Filed on 02/10/25 in TXSD

Page 2 of 5

5)The Fifth Circuit Clerk's Office is the reason I filed Thibeaux v. Cayce;24-cv2836,1 could not get permission to file any suit.

This case should not be dismissed because all the Federal Rules of Civil Procedure

Rules for filing: were followed ,as well as, all court orders.

Respectfully submitted for filing on February 10,2025.

id Thibeaux

CERTIFCATE OF SERVICE

A copy of The Plaintiffs written objections were mailed to the U.S.

Attorney's office,Eastern District of Louisiana,650 Poydras suite 1600,New

Orleans Louisiana 70130.

Case 4:24-cv-02836

Document 24

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