Manual Robinson v. Lorie Davis, Director

Fifth Circuit

Manual Robinson v. Lorie Davis, Director

699 F. App'x 316

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 17, 2017

Docket17-50130

StatusUnpublished

This text of 699 F. App'x 316 (Manual Robinson v. Lorie Davis, Director) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Manual Robinson v. Lorie Davis, Director, 699 F. App'x 316 (5th Cir. 2017).

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PER CURIAM: *

Manual Louis Robinson, Texas prisoner # 1655982, moves for a certificate of ap-pealability (COA) to appeal the district court’s denial of his 28 U.S.C. § 2254 petition challenging his conviction for capital murder, which resulted in a life sentence. Robinson asserts that he received ineffective assistance of counsel at trial. In order to obtain a COA, Robinson must make “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2).

This court must examine the basis of its jurisdiction, sua sponte if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Robinson’s notice of appeal was filed more than 30 days from the entry of the final judgment denying his § 2254 petition; therefore, it is untimely. See Fed. R. App. P. 4(a)(1)(A), (c)(1). As a federal habeas proceeding is civil in nature, see Archer v. Lynaugh, 821 F.2d 1094, 1096 (5th Cir. 1987), a timely notice of appeal is a jurisdictional requirement. Bowles v. Russell, 551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007). Because Robinson’s notice of appeal was untimely, we lack jurisdiction to address his COA motion.

Accordingly, Robinson’s appeal is DISMISSED for want of jurisdiction, and his request for a COA is DENIED as MOOT.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Manual Louis Robinson, Texas prisoner # 1655982, moves for a certificate of ap-pealability (COA) to appeal the district court’s denial of his 28 U.S.C. § 2254 petition challenging his conviction for capital murder, which resulted in a life sentence. Robinson asserts that he received ineffective assistance of counsel at trial. In order to obtain a COA, Robinson must make “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2).

This court must examine the basis of its jurisdiction, sua sponte if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Robinson’s notice of appeal was filed more than 30 days from the entry of the final judgment denying his § 2254 petition; therefore, it is untimely. See Fed. R. App. P. 4(a)(1)(A), (c)(1). As a federal habeas proceeding is civil in nature, see Archer v. Lynaugh, 821 F.2d 1094, 1096 (5th Cir. 1987), a timely notice of appeal is a jurisdictional requirement. Bowles v. Russell, 551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007). Because Robinson’s notice of appeal was untimely, we lack jurisdiction to address his COA motion.

Accordingly, Robinson’s appeal is DISMISSED for want of jurisdiction, and his request for a COA is DENIED as MOOT.

*

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.

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699 F. App'x 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manual-robinson-v-lorie-davis-director-ca5-2017.

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