United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE FIFTH CIRCUIT June 6, 2007
_____________________ Charles R. Fulbruge III
No. 07-30144 Clerk
Summary Calendar
_____________________
HORACE L. COOK,
Plaintiff-Appellant
v.
KROLL LABORATORY SPECIALISTS;
PAT PIZZO,
Defendants-Appellees
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HORACE L. COOK,
Plaintiff-Appellant
v.
TOTAL OCCUPATIONAL MEDICINE;
D.J. SCIMECA,
Defendants-Appellees
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Appeal from the United States District Court
for the Middle District of Louisiana
(3:06-CV-69; c/w 3:06-CV-70)
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Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
ORDER
Plaintiff-Appellant Horace L. Cook, proceeding pro se,
appeals the judgment of the district court dismissing Cook’s
*
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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
action without prejudice for lack of subject matter jurisdiction,
either federal question or diversity. All Defendants-Appellees
have filed motions with this court seeking dismissal of Cook’s
appeal as frivolous and with prejudice for lack of jurisdiction.
They also seek our determination that Cook’s appeal is frivolous
and ask for damages pursuant to Fed.R.App.P. 38.
Mindful of the latitude that we afford pro se litigants, we
are nevertheless constrained to agree with Defendants-Appellees
that Cook’s abject failure to address on appeal the sole basis of
the district court’s dismissal of his action, viz., lack of
jurisdiction, instead addressing (we think) the purported merits
of his claims —— which the district court obviously never reached
because of its determination of lack of federal jurisdiction ——
makes Cook’s appeal wholly without merit and frivolous as a
matter of law; wherefore
IT IS ORDERED that the appeal of Plaintiff-Appellant Horace
L. Cook is DISMISSED.
IT IS FURTHER ORDERED that within twenty (20) days following
the date of filing of this order, Plaintiff-Appellant file with
this court a pleading not to exceed twenty (20) pages in length,
showing cause, if any, why we should not award just damages or
single or double costs, or both, to Defendants-Appellees for any
and all damages and costs that they may have incurred as a result
of Plaintiff-Appellant’s frivolous appeal.
2