Anthony Gibson v. Jeffrey Kilpatrick
Filing
PUBLISHED OPINION FILED. [12-60905 Reversed & Remanded] Judge: CES , Judge: CDK , Judge: ECP Mandate pull date is 11/19/2013; granting motion to dismiss appeal for lack of jurisdiction filed by Appellant Cross-Appellee Mr. Jeffrey Kilpatrick [7245114-2] [12-60905]
Case: 12-60905
Document: 00512423291
Page: 1
Date Filed: 10/29/2013
United States Court of Appeals
FIFTH CIRCUIT
OFFICE OF THE CLERK
LYLE W. CAYCE
CLERK
TEL. 504-310-7700
600 S. MAESTRI PLACE
NEW ORLEANS, LA 70130
October 29, 2013
MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW
Regarding: Fifth Circuit Statement on Petitions for Rehearing
or Rehearing En Banc
No. 12-60905
Anthony Gibson v. Jeffrey Kilpatrick
USDC No. 4:10-CV-160
--------------------------------------------------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 correction.)
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. Please 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.
The judgment entered provides that costs on appeal are to be
taxed against Gibson.
Sincerely,
LYLE W. CAYCE, Clerk
Enclosure(s)
Mr. Gregory Todd Butler
Mr. Gary Erwin Friedman
Ms. LaToya Cheree Merritt
Mr. Jim D. Waide III
By: _______________________
Rhonda M. Flowers, Deputy Clerk
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