Free Order Dismissing Case - District Court of Delaware - Delaware

Case 1:08-cv-00180-SLR Document 5 Filed 05/12/2008 Page1 of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: )
TWA INC. POST CONFIRMATION ESTATE, g Bank. N0. 01-56(PJW)
Debtor. 5
HERBERT MCMILLIAN, )
Appellant, g
v. g Civ. No. 08-180-SLR
TRANS WORLD AIRLINES, INC., et al., 3
Appellees. g
O R D E R
At Wilmington this 12th day of May, 2008, having reviewed the notice of appeal
filed by appellant Herbert McMillian;
IT IS ORDERED that said appeal is dismissed, for the reasons that follow:
1. Appellant, a pro se litigant, has neither paid the filing fee nor filed the
appropriate motion to proceed in forma pauperis.
2. Appellant is not contesting the orders of the bankruptcy court attached to his
notice of appeaI,‘ but is yet again seeking "to compel the respective part[ies] Trans
‘A December 12, 2007 order extending the term of the estate and a December
13, 2007 order granting relief sought in the forty-fifth substantive omnibus objection to
claims. With respect to the latter order, the bankruptcy court notes that no objection to
the relief sought in the omnibus objection was filed, the claim having been filed by

Case 1:08-cv-00180-SLR Document 5 Filed 05/12/2008 Page 2 of 2
World Airlines Inc. ("TWA") and Hartford Insurance Group ("HlG") and U.S. Trustee’s . .
. [to] Reinstate, Retroactive and Continue past and future back Payments of the
reinsurance benefits to retiree Herbert McMillian, as Field Manager employee
Individual .... " (D. I. 1)
3. Appellant has filed two other appeals in connection with this estate, McMillian
v. Transworld Airlines, Civ. No. 02-020-GMS (D. DeI.)2 and ln re McMillian, Civ. No. 06-
44 (D. Del.).3 His appeal of the two identified orders, which have nothing to do with his
complaint, is frivolous and an abuse of the judicial process.
United Stateg%istrict Judge
Orbital No. 1 Ltd.
2Mcl\/liIIian’s pro se motion to withdraw the reference was denied on July 17,
2002 and the appeal dismissed for lack of appellate jurisdiction on April 14, 2003. (D.l.
13,18)
3McMillian filed a pro se appeal from the bankruptcy court’s order entered on
November 22, 2005. (D.l. 1) The court dismissed the action for lack of subject matter
jurisdiction. (D.I. 14) McMillian’s appeal to the Third Circuit was denied as frivolous
pursuant to § 1915(e)(2)(B). (D.l. 26) According to the Court:
McMillian filed proofs of claim in the Chapter 11 bankruptcy of Trans World
Airlines, Inc. The bankruptcy court disallowed and expunged those claims in
2003, and McMillian does not appear to have appealed from that order.
Instead, he continued to file various documents in the bankruptcy court that
did not pertain to any pending claim. Finally, on November 22, 2005, the
bankruptcy court entered an order denying relief on McMillian’s filings and
directing him to refrain from filing additional pleadings in that proceeding.
(D.l. 26-2)
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Case 1:08-cv-00180-SLR

Document 5

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Case 1:08-cv-00180-SLR

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