Poullard v. Guillory

── Poullard v. Guillory ── Court: Court of Appeals for the Fifth Circuit Date: May 18, 2026 Category: Civil Rights Case: 25-30715 Document: 43-1 Page: 1 Date Filed: 05/18/2026 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-30715 Summary Calendar FILED ____________ May 18, 2026 Lyle W. Cayce John Poullard, Clerk Plaintiff—Appellant, versus Anya Guillory, Manager, Defendant—Appellee. ______________________________ Appeal from the United States District Court for the Western District of Louisiana USDC No. 6:25-CV-744 ______________________________ Before Davis, Jones, and Ho, Circuit Judges. Per Curiam: * Plaintiff-Appellant John Poullard, appearing pro se and in forma pauperis, claims a $190 loan he borrowed from America Cash Advance is a legal nullity and that dunning letters from America Cash Advance’s employee, Defendant-Appellee Anya Guillory, violated various federal laws. The district court concluded the claims were frivolous and dismissed with _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.  Case: 25-30715 Document: 43-1 Page: 2 Date Filed: 05/18/2026 No. 25-30715 prejudice pursuant to 28 U.S.C. § 1915. 1 While that assessment is well-taken, there is a complicating factor: Poullard filed a late appeal after several post- judgment motions, so we must determine whether we have jurisdiction to review any of the district court’s rulings. 2 In the end, we conclude that appellate review is largely foreclosed, so we AFFIRM IN PART, DISMISS IN PART, and WARN Poullard against future frivolous filings. For jurisdiction to attach, a civil litigant must normally appeal within 30 days of a final judgment. 3 The final judgment in this case entered on September 26, 2025, but Poullard did not appeal for another 66 days, on December 1, 2025. On its face, Poullard’s appeal came 36 days too late. But certain post-judgment motions enumerated in Rule of Appellate Procedure 4(a)(4) can pause the 30-day deadline to file an appeal. If filed within 28 days of judgment, these motions put the clock on hold until they are resolved, at which point the 30-day period runs anew. 4 Poullard filed multiple post-judgment motions after the September 26 dismissal—a motion to strike the defendant’s Rule 12(b)(6) motion (filed September 29; denied October 3); a motion to amend his complaint (filed October 6; denied October 22); a motion to vacate the final judgment (filed _____________________ 1 See 28 U.S.C. § 1915(e)(2)(B)(i) (requiring district courts to dismiss complaint filed in forma pauperis if “frivolous or malicious”). 2 See Castaneda v. Falcon, 166 F.3d 799, 801 (5th Cir. 1999) (“We must always be sure of our appellate jurisdiction and, if there is doubt, we must address it, sua sponte if necessary.”). 3 See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A); Silas v. Sears, Roebuck & Co., 586 F.2d 382, 386 (5th Cir. 1978) (“The time limits placed by Rule 4(a) on the right of appeal are mandatory and jurisdictional.”). 4 See Fed. R. App. P. 4(a)(4)(A)(i)–(vi) (