Castillo v. Feliciana Forensic

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-31395 Summary Calendar VINCENT MARK CASTILLO, Plaintiff-Appellant, versus FELICIANA FORENSIC FACILITY; DEPARTMENT HEALTH AND HOSPITALS; EAST LOUISIANA STATE HOSPITAL; MARK ANDERS; CLARENCE JOHNSON; RONALD JOHNSON; TRAVIS ASH; ROBERT PALMER; RONNIE WINTERS; UNKNOWN BELL; WILLIAM PERRY; ANH T. NGUYEN; PAUL NGUYEN; A. DINK; DOROTHY FONTENOT; DEBRA ROGERS; JOHN DOE; ANNIBUL DUFFIELD; RAYMOND SHORT; JACKSON POLICE DEPARTMENT, Defendants-Appellees. Appeal from the United States District Court for the Middle District of Louisiana (00-CV-455-D) December 31, 2002 Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges. PER CURIAM:* Vincent Mark Castillo's June 2000 § 1983 civil rights complaint was dismissed by the district court in August 2001 for failure to prosecute. In November 2001, after the time for filing a notice of appeal expired, Castillo filed a motion to appeal * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. which, given the benefit of liberal construction, was a motion to re-open the time for appeal pursuant to FED. R. APP. P. 4(a)(6). The district court denied that motion; Castillo appeals pro se. A district court’s refusal to re-open the time to appeal is reviewed for abuse of discretion. See In re Jones, 970 F.2d 36, 39 (5th Cir. 1992). The record does not support Castillo’s contention he submitted in writing each of his eight address changes to the district court. AFFIRMED 2