Filed: Oct. 20, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-30918 Conference Calendar MCKINLEY GABRIEL, Plaintiff-Appellant, versus JAMES A. THERIOT; BERNARD BOUDREAUX, JR.; BERNARD BOUDREAUX; ALLEN J. BLANCHARD, SR., Defendants-Appellees. - Appeal from the United States District Court for the Western District of Louisiana USDC No. 96-CV-243 - October 19, 1999 Before JONES, SMITH, and STEWART, Circuit Judges. PER CURIAM:* McKinley Gabriel, Louisiana prisoner # 93796, challenges the distri
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-30918 Conference Calendar MCKINLEY GABRIEL, Plaintiff-Appellant, versus JAMES A. THERIOT; BERNARD BOUDREAUX, JR.; BERNARD BOUDREAUX; ALLEN J. BLANCHARD, SR., Defendants-Appellees. - Appeal from the United States District Court for the Western District of Louisiana USDC No. 96-CV-243 - October 19, 1999 Before JONES, SMITH, and STEWART, Circuit Judges. PER CURIAM:* McKinley Gabriel, Louisiana prisoner # 93796, challenges the distric..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-30918
Conference Calendar
MCKINLEY GABRIEL,
Plaintiff-Appellant,
versus
JAMES A. THERIOT; BERNARD BOUDREAUX, JR.;
BERNARD BOUDREAUX; ALLEN J. BLANCHARD, SR.,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 96-CV-243
--------------------
October 19, 1999
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
McKinley Gabriel, Louisiana prisoner # 93796, challenges the
district court’s refusal to grant his motion to amend his civil
rights complaint to add new defendants after summary judgment
dismissing the case was granted. Gabriel concedes that he named
the incorrect defendant but urges that amendment would be a more
just result than dismissal, particularly since the district court
indicated that his case has merit.
*
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that this opinion should not be published and is not precedent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. 98-30918
-2-
At the time summary judgment was granted, this case had been
pending for more than two years, and the summary-judgment motion
had been pending for four months. Gabriel had been granted an
extension of time within which to respond to the defendant Allen
Blanchard’s summary-judgment motion, but he did not file a
response. Gabriel had previously amended his complaint to add a
new defendant. He has not given any reason for failing to seek
to amend his complaint to add the new defendants named in his
motion to amend until after summary judgment was granted
dismissing his claims. Accordingly, he has failed to demonstrate
that the district court abused its discretion in refusing to
allow postjudgment amendment. See Briddle v. Scott,
63 F.3d 364,
379-80 (5th Cir. 1995).
AFFIRMED.