### I N THE UNI TED STATES COURT OF APPEALS FOR THE FI F TH CI RCUI T

No. 12-20495 Summary Calendar

WARDELL MOORE, Petitioner-Appellant

v. R I C K T HAL E R , D I R E C T O R , T E X A S D E PAR TM E N T O F C R I M I N AL J U S T I C E , CORRECTIONAL INSTITUTIONS DIVISION, Respondent-Appellee

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CV-2309

Before JONES, DENNIS, and HAYNES, Circuit Judges. PER CURIAM: * Wardell M oore, Texas prison e r # 1391932, was convicted of aggravated assault w i th a d eadly weapon and was sentenced to serve 75 y ears in prison. Now, he moves this court for authorization to proceed in f orma pa u p e r i s (IFP) in his appeal from the district court’s denial o f h i s motion f or sanctions under Federal Rule of Civil Procedure 11(c)(2). M oore’s IFP motion con s t i t utes a U n i t e d S t a te s C o u rt o f A p p e al s

F i f t h C i rc u i t 

### F I L E D February27, 2013 Ly l e W . Cay ce Clerk

* Purs uant to 5 T H C I R

. R

. 47. 5, the court has d eterm ined that this op inion should not be p ublis hed and is not p reced ent excep t und er the lim ited circum s tances s et forth in 5 T H C I R

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challenge to the district c ourt’s certification that h is a ppeal was n ot taken in good faith. Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997). The district court’s denial of a Rule 11 motion is reviewed under the abuse of discretion standard, which is met only when no sensible person would agree with the d is t r i c t c ourt’s d ecision. F riends f or Am. Free Enterprise Ass’n v. Wal-Mart Stores, Inc , 284 F.3d 575, 577-78 (5th Cir. 2002). Moore has not met this standard. Consistent with h is position in the di strict court and in several prior suits, Moore maintains that, in a motion for s u mmary judgment f iled with respect to Moore’s 28 U.S.C. § 2254 hab e a s c o r p u s p etition, the Respondent falsely a sserted that Moore was represented by coun s e l in h is criminal proceedings. Moore asserts that he c omplied with the safe harbor provision of Rule 11(c)(2) by sending the respondent a letter giving notice o f his in t e n t t o s eek sanctions. Moore’s actions do not suffice to satisfy the notice requirement of Rule 11(c)(2). See I n re Pratt , 5 24 F.3d 580, 5 85-88 (5th C ir. 2 008); Eliott v . Tilton , 64 F.3d 213, 216 (5th Cir. 1995). Consequently, t he district court di d not abuse its discretion by concluding that Moore h ad not complied with the notice requirement of Rule 11(c)(2) and denying his Rule 11(c)(2) motion. Because M oore has not shown that h e will raise a nonfrivolous a ppellate claim, h is motion for l eave to proceed IFP i s DENIED. See Howard v . King , 707 F.2d 215, 2 19-20 (5th Cir. 1983). The instant appeal i s without arguable merit and is D ISMISSED as frivolous. See Baugh , 117 F.3d at 202 n .24; Howard , 707 F.2d at 219-20; 5 T H C I R

. R. 42.2. This court previously noted that “Moore has f i l e d numerous m eritless pleadings insisting that he was denied cou n s e l , ” a nd he was i n f ormed “that filings additional pleadings raising similar claims may result in the imposition of sanctions.” Moore v. Thaler , No. 11-20640 at 2 (5th Cir. April 1 8, 2012). He failed to heed this warning. Consequently, Moore is ORDERED to pay a $100 sanction to the C lerk of t his C ourt. He is BARRED from filing a ny pleading in
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this court or any court subject to this court’s jurisdiction c hallenging his convictions and sentence u ntil the sanction is paid in full, u nless he f irst obtains leave of t h e c ourt in which he seeks to file the pleading. Finally, Moore is CAUTIONED that lodging future frivolous, repetitive, or otherw i s e abusive f i l i n gs in the district court or in this court w ill subject him to addit i o n a l a n d progressively more severe sanctions.

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