Charles Livecchi v. City of Grand Prairie Texas, et al
UNPUBLISHED OPINION FILED. [09-10214 Dismissed as Frivolous] Judge: EHJ, Judge: JLW, Judge: EBC. Mandate pull date is 05/15/2017 [09-10214]
Date Filed: 04/24/2017
United States Court of Appeals
OFFICE OF THE CLERK
LYLE W. CAYCE
600 S. MAESTRI PLACE
NEW ORLEANS, LA 70130
April 24, 2017
MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW
Fifth Circuit Statement on Petitions for Rehearing
or Rehearing En Banc
Charles Livecchi v. City of Grand Prairie
Texas, et al
USDC No. 3:07-CV-1305
--------------------------------------------------Enclosed is a copy of the court's decision. The court has entered
judgment under FED R. APP. P. 36. (However, the opinion may yet
contain typographical or printing errors which are subject to
FED R. APP. P. 39 through 41, and 5TH CIR. R.s 35, 39, and 41 govern
costs, rehearings, and mandates. 5TH CIR. R.s 35 and 40 require
you to attach to your petition for panel rehearing or rehearing en
banc an unmarked copy of the court's opinion or order.
read carefully the Internal Operating Procedures (IOP's) following
FED R. APP. P. 40 and 5TH CIR. R. 35 for a discussion of when a
rehearing may be appropriate, the legal standards applied and
sanctions which may be imposed if you make a nonmeritorious
petition for rehearing en banc.
Direct Criminal Appeals. 5TH CIR. R. 41 provides that a motion for
a stay of mandate under FED R. APP. P. 41 will not be granted simply
upon request. The petition must set forth good cause for a stay
or clearly demonstrate that a substantial question will be
presented to the Supreme Court. Otherwise, this court may deny
the motion and issue the mandate immediately.
Pro Se Cases.
If you were unsuccessful in the district court
and/or on appeal, and are considering filing a petition for
certiorari in the United States Supreme Court, you do not need to
file a motion for stay of mandate under FED R. APP. P. 41. The
issuance of the mandate does not affect the time, or your right,
to file with the Supreme Court.
Court Appointed Counsel. Court appointed counsel is responsible
for filing petition(s) for rehearing(s) (panel and/or en banc) and
writ(s) of certiorari to the U.S. Supreme Court, unless relieved
of your obligation by court order. If it is your intention to
file a motion to withdraw as counsel, you should notify your client
promptly, and advise them of the time limits for filing for
rehearing and certiorari.
Additionally, you MUST confirm that
this information was given to your client, within the body of your
motion to withdraw as counsel.
Date Filed: 04/24/2017
Should a rehearing be pursued, we call your attention to the
following guidelines for record citations.
Important notice regarding citations to the record on appeal to
comply with the recent amendment to 5TH CIR. R. 28.2.2.
Parties are directed to use the new ROA citation format in 5TH CIR.
R. 28.2.2 only for electronic records on appeal with pagination
that includes the case number followed by a page number, in the
format "YY-NNNNN.###". In single record cases, the party will use
the shorthand "ROA.###" to identify the page of the record
For multi-record cases, the parties will have to
identify which record is cited by using the entire format (for
Parties may not use the new citation formats for USCA5 paginated
records. For those records, parties must cite to the record using
the USCA5 volume and or page number.
In cases with both pagination formats, parties must use the
citation format corresponding to the type of record cited.
Explanation: In 2013, the court adopted the Electronic Record on
Appeal (EROA) as the official record on appeal for all cases in
which the district court created the record on appeal on or after
4 August 2013. Records on appeal created on or after that date
are paginated using the format YY-NNNNN.###. The records on appeal
in some cases contain both new and old pagination formats,
requiring us to adopt the procedures above until fully transitioned
to the EROA.
The recent amendment to 5TH CIR. R. 28.2.2 was adopted to permit a
court developed computer program to automatically insert
hyperlinks into briefs and other documents citing new EROA records
using the new pagination format. This program provides judges a
ready link to pages in the EROA cited by parties.
intended the new citation format for use only with records using
the new EROA pagination format, but the Clerk's Office failed to
explain this limitation in earlier announcements.
The judgment entered provides that plaintiff-appellant pay to
defendants-appellees the costs on appeal.
LYLE W. CAYCE, Clerk
Allen C. McIlwain, Deputy Clerk
Mr. James Thomas Jeffrey Jr.
Mr. Charles Richard Livecchi
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