Rogelio Garcia v. Nancy Berryhill, Acting Cmsnr
PUBLISHED OPINION FILED. [17-40362 Affirmed] Judge: PEH, Judge: EHJ, Judge: JES. Mandate issue date is 01/22/2018 [17-40362]
Date Filed: 11/30/2017
United States Court of Appeals
OFFICE OF THE CLERK
LYLE W. CAYCE
600 S. MAESTRI PLACE
NEW ORLEANS, LA 70130
November 30, 2017
MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW
Fifth Circuit Statement on Petitions for Rehearing
or Rehearing En Banc
Rogelio Garcia v. Nancy Berryhill, Acting
USDC No. 7:16-CV-119
--------------------------------------------------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: 11/30/2017
The judgment entered provides that plaintiff-appellant pay to
defendant-appellee the costs on appeal.
LYLE W. CAYCE, Clerk
Allen C. McIlwain, Deputy Clerk
Ms. Dianne Marie Mullins Pryor
Mr. David E. Wood
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