Perez v. Stephens, No. 14-70039 (5th Cir. 2015)
Annotate this CasePetitioner-appellant Louis Perez appealed the dismissal of his habeas petition and application of a Certificate of Appealability (COA). A Texas jury convicted Perez of capital murder and sentenced him to death. Although Perez failed to file a notice of appeal within 30 days of the judgment as required by Federal Rule of Appellate Procedure (FRAP) 4(a)(1), in its most recent ruling in this case, the district court reopened the time to appeal pursuant to FRAP 4(a)(6), and Perez filed an appeal of the denial of his habeas petition and COA application following that order. In Perez's previous appeal of the same ruling, the Fifth Circuit held, in part, that FRAP 4(a)(6) relief was not viable and dismissed Perez's appeal without remanding. The district court's order reopening the time to appeal thus conflicted with the Fifth Circuit's earlier opinion and was barred by the mandate rule. Additionally, it reflected a misapplication of FRAP 4(a)(6). Accordingly, this appeal was dismissed for lack of jurisdiction.
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