RODNEY HAMMOND v. MELVIA LOVINGS PAUL HELFRICH MELISSA ESQUIVEL AMELIA BUSTOS WORLDWIDE SERVICES INCORPORATED (2017)

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 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.

PER CURIAM:*