Bangmon v. Alexander, et al

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 18-41043
Summary Calendar

JERRY LENEZ BANGMON,

Plaintiff-Appellant

v.

DAMON ALEXANDER; SERGIO G. BUENTELLO; WILLIE M. RATLIFF;
GRETTA K. BENNETT; BEVERLY A. WHITE; AQUISHA GUIDRY; EDGAR
J. HULIPAS; TERRY W. SPEERS; EMILY SHORTRIDGE,

Defendants-Appellees

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 3:14-CV-370

Before HIGGINBOTHAM, HO, and ENGELHARDT, Circuit Judges.
PER CURIAM:
*

Jerry Lenez Bangmon, Texas prisoner # 1568309, appeals the September
5, 2018 judgment dismissing his remaining 42 U.S.C. § 1983 claims on
summary judgment and pursuant to 28 U.S.C. § 1915(e)(2)(B). Bangmon filed
his October 24, 2018, notice of appeal and accompanying unsworn declaration
more than 30 days after the entry of judgment. See F
ED. R. APP. P. 4(a)(1)(A).

*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
January 28, 2020

Lyle W. Cayce
Clerk
Case: 18-41043 Document: 00515287854 Page: 1 Date Filed: 01/28/2020

No. 18-41043
2
A district court may extend the time to file a notice of appeal if the
appellant moves for an extension of time within 30 days after the expiration of
the Rule 4(a)(1)(A) deadline and he shows excusable neglect or good cause.
F
ED. R. APP. P. 4(a)(5). The pro se declaration filed by Bangmon with his notice
of appeal, construed liberally, moves for an extension of the Rule 4(a)(1)(A)
filing deadline, and it was filed within 30 days after the expiration of that
deadline. See Haines v. Kerner, 404 U.S. 519, 520-21 (1972). Accordingly,
Bangmon’s appeal and his pending motions are held in abeyance and the case
is REMANDED for a determination whether Bangmon’s deadline for filing a
notice of appeal is extended under Rule 4(a)(5).
Case: 18-41043 Document: 00515287854 Page: 2 Date Filed: 01/28/2020