United States Court of Appeals

for the Fifth Circuit

No. 20-11239

Summary Calendar

In the Matter of William Paul Burch

Debtor,

William Paul Burch, 

Appellant,

versus

Homeward Residential, Incorporated, 

Appellee.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:20-CV-1226

Before Southwick, Graves, and Costa, Circuit Judges.

Per Curiam:*

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 29, 2022

Lyle W. Cayce

Clerk

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William Paul Burch moves to proceed in forma pauperis (IFP) in his 

appeal from the district court’s without-prejudice dismissal of a final

judgment of the bankruptcy court for the Northern District of Texas. 

Burch’s request to supplement his IFP motion is granted.

To proceed IFP, a litigant must be economically eligible, and his 

appeal must not be frivolous. Carson v. Polley, 689 F.2d 562, 586 (5th Cir. 

1982). If the appeal is frivolous, this court will dismiss it. See 28 U.S.C. 

§ 1915(e)(2)(B)(i); 5th Cir. R. 42.2.

In a motion in this matter, which this court denied, Burch requested a 

remand, asserting that, due to a favorable change in his financial situation, he 

could now pay the filing fee for his bankruptcy appeal. Even before Burch’s 

concession regarding his improved financial situation, we held Burch was not 

financially eligible to proceed IFP on appeal. See Burch v. Freedom Mortg.

Corp. (Matter of Burch), 835 F. App’x 741, 749 (5th Cir.), cert. denied, 142 

S. Ct. 253 (2021), rehearing denied, No. 21-5069, 2021 WL 5763451 (U.S. Dec. 

6, 2021). Further, Burch’s conclusional assertions of error, without cogent 

argument, effectively fail to identify any error in the dismissal of his 

bankruptcy appeal for failing to pay the filing fee, and he has not he has not 

shown a nonfrivolous issue on appeal. See Carson, 689 F.2d at 586. 

Accordingly, the motion to proceed IFP is denied, and the appeal is dismissed 

as frivolous. See § 1915(e)(2)(B)(i); 5th Cir. R. 42.2.

In prior instances, we have issued sanction warnings and directed 

Burch to review his pending appeals and withdraw any that were frivolous. 

See, e.g., Burch v. Freedom Mortg. Corp., 850 F. App’x 292, 294 (5th Cir. 

2021); Matter of Burch, 835 F. App’x at 749. Because Burch failed to heed 

our warnings, we previously imposed monetary sanctions. Burch v. Select 

Portfolio Servicing, Inc. (Matter of Burch), No. 20-11171, 2022 WL 212836, *1 

(5th Cir. Jan. 24, 2022) (unpublished) ($250 sanction); Burch v. America’s 

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Servicing Company (Matter of Burch), No. 20-11074, 2021 WL 5286563, *1 

(5th Cir. Nov. 12, 2021) (unpublished) ($100 sanction).

Burch, who has paid the above-mentioned monetary sanctions, has 

repeatedly ignored our admonitions, and we conclude that an additional 

monetary sanction is warranted. Burch is hereby ordered to pay $500.00 to 

the clerk of this court. The clerk of this court and the clerks of all courts 

subject to the jurisdiction of this court are directed to return to Burch unfiled 

any submissions he should make until the sanction imposed in this matter is 

paid in full.

We again warn Burch that additional frivolous or abusive filings in this 

court, the district court, or the bankruptcy court will result in the imposition 

of further sanctions. Burch is once again admonished to review any pending 

appeals and to withdraw any that are frivolous.

MOTION TO SUPPLEMENT GRANTED; IFP MOTION

DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION 

IMPOSED; ADDITIONAL SANCTION WARNING ISSUED.

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