James Fulton, Jr. v. Lorie Davis, Director, No. 17-50403 (5th Cir. 2018)

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Case: 17-50403 Document: 00514383848 Page: 1 Date Filed: 03/13/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-50403 United States Court of Appeals 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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