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Rodney Hammond v. Norma Uriegas
16-50984
| 5th Cir. | Mar 2, 2017
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Docket

*1 Before REAVLEY, OWEN, and ELROD, Circuit Judges.

PER CURIAM:*

Appellant Rodney J. Hammond seeks to appeal the district court’s ruling awarding defendants attorney fees. The order was entered July 1, 2016. Hammond was therefore required to file his notice of appeal by August 1, 2016. On that day, he attempted to file the notice of appeal, but inadvertently filed a document entitled “Plaintiff’s Response to Court’s Order to Show Cause.” The *2 Case: 16-50984 Document: 00513894988 Page: 2 Date Filed: 03/02/2017

No. 16-50984

next day, the court issued a “Deficiency Notice” informing him of the error. On August 2, 2016, Hammond filed his notice of appeal.

Hammond’s notice of appeal was untimely, and this appeal must therefore be dismissed. See Fed. R. App. P. 4(a)(1)(A). The unusual circumstances surrounding Hammond’s late filing do not change this outcome. Kinsley v. Lakeview Regional Medical Center LLC is squarely on point and controls. See 570 F.3d 586, 590 (5th Cir. 2009).

DISMISSED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: Rodney Hammond v. Norma Uriegas
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Mar 2, 2017
Docket Number: 16-50984
Court Abbreviation: 5th Cir.
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