White v. Johnson

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-41220 Summary Calendar

WILLIAM DEXTER WHITE,

Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,

Respondent-Appellee. -------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:97-CV-655 -------------------- September 9, 1999

Before REAVLEY, STEWART, and DENNIS, Circuit Judges.

PER CURIAM:*

William Dexter White, Texas prisoner No. 545599, seeks a

certificate of appealability (COA) to appeal the district court’s

denial of his 28 U.S.C. § 2254 petition. White did not timely

appeal the denial of § 2254 relief and he does not challenge the

district court’s determination that he has not demonstrated

excusable neglect or good cause for his failure to do so. See

FED. R. APP. P. 4(a)(1), (5). Accordingly, we DISMISS THE APPEAL

for want of appellate jurisdiction.

APPEAL DISMISSED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.