Larkin v. Juneau

Case: 21-30381 Document: 00516412759 Page: 1 Date Filed: 07/29/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 29, 2022 No. 21-30381 Summary Calendar Lyle W. Cayce Clerk

Billy F. Larkin, Plaintiff—Appellant, versus Patrick Juneau, Claims Administrator; BP Exploration; Production, Incorporated; BP America Production Company, Defendants—Appellees.

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:10-MD-2179 USDC No. 2:19-CV-10295

Before Stewart, Duncan, and Wilson, Circuit Judges.

Per Curiam:* Billy F. Larkin appeals the district court’s denial of his motion for an out-of-time appeal. To the extent that Larkin seeks reinstatement of his Case: 21-30381 Document: 00516412759 Page: 2 Date Filed: 07/29/2022

No. 21-30381 original appeal, his motion should have been filed directly with this court and not in the district court. See 5th Cir. R. 27.1.6; see also United States v. West, 240 F.3d 456, 459 (5th Cir. 2001). In any event, Larkin fails to articulate a nonfrivolous challenge to the district court’s denial of his motion for leave to file a second, out-of-time notice of appeal. Accordingly, Larkin’s appeal is DISMISSED as frivolous. See 5th Cir. R. 42.2. Larkin’s remaining outstanding motions are DENIED.