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

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

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.