Kelvin Wells v. David Divincenti, et al


UNPUBLISHED OPINION FILED. [14-30258 Dismissed as Frivolous] Judge: PEH , Judge: JLD , Judge: JEG. Mandate pull date is 10/02/2014 [14-30258]

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Case: 14-30258 Document: 00512765079 Page: 1 Date Filed: 09/11/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 14-30258 Summary Calendar United States Court of Appeals Fifth Circuit FILED KELVIN WELLS, September 11, 2014 Plaintiff – Appellant v. Lyle W. Cayce Clerk DAVID DIVINCENTI; GARDERE INVESTMENTS, INCORPORATED, Defendants – Appellees Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:12-CV-731 Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM:* The district court remanded Plaintiff-Appellant Kelvin Wells’ case to the state court from which it was removed. Because Mr. Wells has failed to present a non-frivolous issue regarding the district court’s remand, we DISMISS his appeal as frivolous. 1 Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * 1 See 5TH CIR. R. 42.2. Case: 14-30258 Document: 00512765079 Page: 2 Date Filed: 09/11/2014 No. 14-30258 Wells is WARNED that any future frivolous pleadings filed by him in this court or in any court subject to the jurisdiction of this court will subject him to sanctions. Wells should review any pending matters to ensure that they are not frivolous. APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED. 2

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