Esparza v. Partington

Case: 19-10890 Document: 00516279304 Page: 1 Date Filed: 04/13/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 13, 2022
No. 19-10890
Lyle W. Cayce
Clerk
Dominique Esparza,
Plaintiff—Appellant,
versus
Abe Partington; Dustin Koch; City of Waxahachie,
Defendants—Appellees.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:18-CV-1336
Before Stewart, Haynes, and Ho, Circuit Judges.
Per Curiam:*
Dominique Esparza, Texas prisoner # 02239621, has filed a motion
for leave to proceed in forma pauperis (IFP) on appeal from the district
court’s dismissal of his 42 U.S.C. § 1983 complaint.
*
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opinion should not be published and is not precedent except under the limited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: 19-10890 Document: 00516279304 Page: 2 Date Filed: 04/13/2022
No. 19-10890
Esparza did not file a timely notice of appeal, see Fed. R. App. P.
4(a)(1)(A), and, on limited remand, the district court denied his construed
motion to reopen the appeal period under Federal Rule of Appellate
Procedure 4(a)(6). Esparza has abandoned any challenge to that denial by
failing to brief it, despite having been given the opportunity to do so. See
Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); see also Brinkmann v.
Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
Because Esparza did not file a timely notice of appeal and because the
district court denied his Rule 4(a)(6) motion to reopen the time for filing an
appeal, we lack jurisdiction over the instant appeal. See Bowles v. Russell,
551 U.S. 205, 214 (2007). Accordingly, the appeal is DISMISSED.
Esparza’s motion for leave to proceed IFP on appeal is DENIED.
2