United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 21, 2004
Charles R. Fulbruge III
Clerk
No. 03-30805
Conference Calendar
VERNON J. TATUM, JR.,
Plaintiff-Appellant,
versus
DALE N. ATKINS, Clerk of Civil District Court for the Parish of
Orleans, State of Louisiana; UNIDENTIFIED PARTIES,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 02-CV-2401-S
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Vernon J. Tatum, Jr. (“Tatum”), appeals the district court’s
grant of summary judgment to Dale N. Atkins (“Atkins”), the Clerk
of the Civil District Court for Orleans Parish, Louisiana, in his
civil action. Tatum argues that he was not properly served with
Atkins’ motion for summary judgment and the notice of a hearing
on that motion because the motion and notice were “other process”
*
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that this opinion should not be published and is not precedent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.
No. 03-30805
-2-
that had to be served on him personally pursuant to FED. R. CIV.
P. 4.1(a).
The relevant definition of “process” is “[a] summons or
writ, esp. to appear or respond in court.” Black’s Law
Dictionary, 1222 (7th ed. 1999). The motion and notice in this
case were not process. See id. Rather, the motion and notice
were a “written motion” and a “written notice” that were allowed
to be served upon Tatum by mailing a copy to his last known
address. See FED. R. CIV. P. 5(a) & (b)(2)(B). This appeal is
frivolous and we dismiss it as such. See Howard v. King, 707
F.2d 215, 219-20 (5th Cir. 1983); 5TH CIR. R. 42.2. Tatum is
WARNED that sanctions may be imposed if he files frivolous
appeals in the future.
APPEAL DISMISSED; SANCTION WARNING ISSUED.