James Fulton, Jr. v. Lorie Davis, Director ( 2018 )

Case: 17-50403 Document: 00514383848 Page: 1 Date Filed: 03/13/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-50403
Fifth Circuit
FILED
March 13, 2018
JAMES FULTON, JR., Lyle W. Cayce
Clerk
Petitioner-Appellant
v.
LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:13-CV-47
Before SMITH, WIENER, and HAYNES, Circuit Judges.
PER CURIAM: *
James Fulton, Jr., Texas prisoner # 1770265, has filed a notice of appeal
that is untimely with respect to the denial of his 28 U.S.C. § 2254 application
challenging his conviction for murder. See FED. R. APP. P. 4(a)(1)(A). It also is
untimely with respect to the denial of his motion seeking to reopen the time
for appeal. See FED. R. APP. P. 4(a)(1)(A), (c)(1). Alternatively, his request to
the district court to reopen the time for appeal was untimely, so his appeal of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 17-50403 Document: 00514383848 Page: 2 Date Filed: 03/13/2018
No. 17-50403
that denial is without merit. Accordingly, the appeal is DISMISSED. See
Hamer v. Neighborhood Hous. Servs. of Chicago, 138 S. Ct. 13, 16-17 (2017);
28 U.S.C. § 2107(a), (c). The motions for a certificate of appealability and leave
to proceed in forma pauperis are DENIED.
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