Guillory v. Reed

Case: 24-50711 Document: 31-1 Page: 1 Date Filed: 02/18/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-50711

Summary Calendar FILED ____________ February 18, 2025 Lyle W. Cayce Ronald Guillory, Jr., Fish of the Blue Bear, Clerk Plaintiff—Appellant, versus

Susan Reed, District Attorney, Individually and in His/Her Official Capacity; Amadeo Ortiz, Sheriff, Individually and in His/Her Official Capacity,

Defendants—Appellees. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 5:12-CV-896 ______________________________

Before Jones, Duncan, and Douglas, Circuit Judges.

Per Curiam: *

Ronald Guillory, Jr., Texas prisoner # 521958, moves this court for leave to proceed in forma pauperis on appeal and for summary judgment. We construe his pleadings as seeking to appeal the district court’s denial of a motion for free copies of the documents in his record. Guillory failed to file Case: 24-50711 Document: 31-1 Page: 2 Date Filed: 02/18/2025

No. 24-50711 a timely notice of appeal from the district court’s order. See Fed. R. App. P. 4(a)(1)(A).

Although Rule 4 of the Federal Rules of Appellate Procedure contains two provisions granting district courts the authority to authorize appeals when the appellant fails to file a timely notice of appeal, see Fed. R. App. P. 4(a)(5), 4(a)(6), Guillory fails to satisfy the requisite criteria under either provision. 1

Accordingly, Guillory’s appeal is DISMISSED for lack of jurisdiction. See Bowles v. Russell, 551 U.S. 205, 209 (2007); Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). His motion for summary judgment, which we construe as a motion for extraordinary relief, and his motion to proceed in forma pauperis are both DENIED AS MOOT.