Allen v. St. Tammany Parish et al

Filing 30

ORDER: IT IS ORDERED that the Motion for Leave to File Out of Time Appeal (Rec. Doc. 29 ) is DENIED as set forth in document. Signed by Judge Lance M Africk on 5/1/2018. (sa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ROBERT EUGENE ALLEN

CIVIL ACTION

VERSUS

No. 17-4091

ST. TAMMANY PARISH ET AL.

SECTION I
ORDER

Before the Court is an ex parte motion 1 filed by plaintiff for leave to file an
untimely appeal. The Court notes that plaintiff previously filed a notice of appeal
on January 22, 2018, 2 two days before the Court entered judgment. 3 It appears that
plaintiff never pursued his appeal.
To the extent that plaintiff seeks permission to file a second notice of appeal,
plaintiff has not demonstrated “excusable neglect or good cause” to justify the
extension of his time to file such notice. 4 Fed. R. App. P. 4(a)(5)(A)(ii); see Pioneer
Inv. Servs. Co. v. Brunswick Assocs. Ltd. Partnership, 507 U.S. 380, 395 (1993)
(interpreting the phrase “excusable neglect” in the context of the federal bankruptcy

R. Doc. No. 29.
R. Doc. No. 26.
3 R. Doc. No. 28. “A notice of appeal filed after the court announces a decision or
order—but before the entry of the judgment or order—is treated as filed on the date
of and after the entry.” Fed. R. App. P. 4(a)(2).
4 Plaintiff offers no explanation as to why he did not pursue his appeal after the
Court entered judgment. See R. Doc. No. 29. Rather, he simply objects to the
Court’s final disposition of his case, stating that “[t]hroughout this filing of this
complaint, plaintiff has requested that ‘no final disposition’ be made until ‘all’
medical results/testing were completed.” Id. at 1. This objection, however, does not
explain his failure to timely pursue his case before the Fifth Circuit.
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rules); Halicki v. La. Casino Cruises, Inc., 151 F.3d 465, 469 (5th Cir. 1998)
(extending Pioneer to Federal Rule of Appellate Procedure 4(a)(5)). Accordingly,
IT IS ORDERED that the motion is DENIED.

New Orleans, Louisiana, May 1, 2018.

_______________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

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