U.S. Court of Appeals for the Third Circuit, 2005

Pennsylvania v. Bolick

Pennsylvania v. Bolick
U.S. Court of Appeals for the Third Circuit · Decided September 20, 2005 · Sloviter, Barry, Fisher
144 F. App'x 274

Pennsylvania v. Bolick

Opinion

OPINION

PER CURIAM.

In 1981, Appellant Thomas M. Bolick was convicted in Northumberland County, Pennsylvania, of bank robbery and sentenced to a term of imprisonment (2$ to 10 years) that has long since expired. In recent years, and despite the expiration of his sentence, Bolick has sought to challenge his conviction by seeking post-conviction review in state court. After his last such unsuccessful attempt, Bolick filed a Notice of Removal in the United States District Court for the Eastern District of Pennsylvania, seeking to bring his criminal proceeding (or at least the post-conviction review proceedings) to federal court.

By order entered March 16, 2005, the District Court, inter alia, vacated the Notice of Removal and dismissed the action with prejudice, finding a lack of federal jurisdiction and noting that 28 U.S.C. § 1441 provides no basis for the removal of the state criminal proceeding. Bolick timely filed this appeal. 1

After a review of the record, we will affirm for the reasons stated by the Dis *275 trict Court. In sum, the removal notice was improper and correctly rejected. Bolick has presented no viable argument on appeal to question the propriety of the District Court’s judgment.

1

. Bolick also timely filed a motion for reconsideration, which the District Court denied by Order entered March 23, 2005. Because Bolick did not file a timely appeal or amended notice of appeal from the March 23 Order, we lack jurisdiction to review the denial of reconsideration, and therefore confine our review *275 to the denial of the Notice of Removal. See Fed. R.App. P. 4(a)(4)(B)(ii).

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