308 F. App'x 754

UNITED STATES of America, Plaintiff-Appellee, v. Marvin BEAULIEU, Defendant-Appellant.

No. 08-30243

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Jan. 26, 2009.

*755Thomas Burton Thompson, Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Louisiana, Lafayette, LA, Robert A. Mathis, Newman, Mathis, Brady & Spedale, Metairie, LA, for Plaintiff-Appellee.

Marvin Beaulieu, pro se.

Before KING, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

Pro se appellant Marvin Beaulieu appeals the district court’s denial of his Rule 12(b)(6) motion to dismiss for failure to state a claim and his Rule 12(f) motion to strike. In 2002, the district court entered summary judgment in favor of the United States Small Business Administration against Beaulieu and two other defendants, William Harrison and Sylvia Mouton, in the amount of $307,711.50. On appeal, we reversed the judgment only with respect to Harrison and Mouton because Beaulieu never filed a notice of appeal under Rule 3(c)(1)(A) of the Federal Rules of Appellate Procedure and was thus not a party to the appeal. Accordingly, that reversal had no effect on the entry of summary judgment as to Beaulieu.1

The district court’s entry of summary judgment was not void for lack of subject matter jurisdiction because the claims involved federal statutes and nothing in the record indicates that the court otherwise lacked jurisdiction. Nor has Beaulieu demonstrated any excusable neglect that would entitle him to relief under Rule 60(b) of the Federal Rules of Civil Procedure.2

The district court correctly decided all issues presented to it, and those issues brought for the first time on appeal have been waived.3 Accordingly, we AFFIRM the district court’s denial of Beaulieu’s motions for the reasons stated in the district court’s opinion.

United States v. Beaulieu
308 F. App'x 754

Case Details

Name
United States v. Beaulieu
Decision Date
Jan 26, 2009
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308 F. App'x 754

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United States

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