Smith v. Terry
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 29, 2026
Docket26-50245
StatusUnpublished
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Full Opinion
Case: 26-50245 Document: 41-1 Page: 1 Date Filed: 10/29/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 26-50245 October 29, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
In The Matter of Douglas K. Smith,
Debtor,
Douglas K. Smith, M.D.,
Appellant,
versus
Eric Terry,
Appellee.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:25-CV-101
______________________________
Before Jones, Ho, and Wilson, Circuit Judges.
Per Curiam: *
Appellant Douglas Smith has brought dozens of meritless appeals
from the bankruptcy proceedings below. By July 2, 2025, he had brought a
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-50245 Document: 41-1 Page: 2 Date Filed: 10/29/2026
No. 26-50245
remarkable thirty-six appeals. But he “has yet to find success in any legal
forum” of which this Court is aware. 1 Smith v. Terry (In re Salubrio, L.L.C.),
No. 23-50288, 2024 WL 1795773, at *1 (5th Cir. Apr. 25, 2024) (per curiam)
(unpublished). This Court has repeatedly found Smith’s filings
“procedurally improper and frivolous.” Id. at *2; Smith v. Terry (In re
Salubrio, L.L.C.), No. 26-50148, 2026 WL 2533369, at *2 (5th Cir. Aug. 27,
2026) (per curiam) (unpublished). After reviewing the parties’ briefs and
pertinent portions of the record, this Court concludes that Smith’s present
appeal is also procedurally improper and frivolous. See Sun Coast Res., Inc. v.
Conrad, 958 F.3d 396, 398 (5th Cir. 2020). Therefore, this Court
AFFIRMS the district court’s judgment. 2 Smith’s outstanding motion
raises similar frivolous, repetitive claims and is DENIED.
Smith is WARNED that filing any future frivolous, repetitive, or
otherwise abusive challenges to the bankruptcy court’s decisions in this court
or any court subject to this court’s jurisdiction will subject him to sanctions.
Such sanctions may include dismissal, monetary sanctions, and restrictions
on his ability to make filings in this court and any court subject to this court’s
jurisdiction. See United States v. Evans, No. 22-50590, 2023 WL 2238023
(5th Cir. Feb. 23, 2023) (per curiam) (unpublished).
_____________________
1
The Fifth Circuit has rejected all six of Smith’s appeals brought to this Court. See
Smith v. Terry (In re Salubrio, L.L.C.), No. 26-50148, 2026 WL 2533369, at *1 (5th Cir. Aug.
27, 2026) (per curiam) (unpublished); Smith v. MedLegal Sols., Inc. (In re Smith), No. 24-
50494, 2025 WL 985934, at *1 (5th Cir. Apr. 2, 2025) (per curiam) (unpublished); Smith v.
Terry (In re Salubrio, L.L.C.), No. 24-50272, 2024 WL 4834238, at *1 (5th Cir. Nov. 20,
2024) (per curiam) (unpublished); Smith v. Terry (In re Salubrio, L.L.C.), No. 23-50288,
2024 WL 1795773, at *2 (5th Cir. Apr. 25, 2024) (per curiam) (unpublished); Smith v. Terry
(In re Smith), No. 22-50999, 2023 WL 4992835, at *1 (5th Cir. Aug. 4, 2023) (per curiam)
(unpublished); Smith v. Terry (In re Salubrio, L.L.C.), No. 22-50453, 2023 WL 3143686, at
*4 (5th Cir. Apr. 28, 2023) (per curiam) (unpublished).
2
See 5th Cir. Rule 42.2.
2