Waste Management of Washington v. Dean Kattler
PUBLISHED OPINION FILED. [13-20356 Vacated] Judge: EGJ , Judge: PEH , Judge: PRO Mandate pull date is 02/04/2015; denying motion for partial dismissal of appeal filed by Appellant Mr. Michael A. Moore [7529295-2] [13-20356]
Date Filed: 01/14/2015
United States Court of Appeals
OFFICE OF THE CLERK
LYLE W. CAYCE
600 S. MAESTRI PLACE
NEW ORLEANS, LA 70130
January 14, 2015
MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW
Regarding: Fifth Circuit Statement on Petitions for Rehearing
or Rehearing En Banc
Waste Management of Washington v. Dean
USDC No. 4:12-CV-3454
--------------------------------------------------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.
The judgment entered provides that appellee pay to appellant the
costs on appeal.
LYLE W. CAYCE, Clerk
Rhonda M. Flowers, Deputy Clerk
Mr. G. Luke Ashley
Mr. William Michael Reed
Ms. Holly Harvel Williamson
Date Filed: 01/14/2015
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