Guillory v. Reed
Guillory v. Reed
Opinion
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 _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.
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.
_____________________ This is true regardless of which order Guillory seeks to appeal. The district court entered an order denying a motion for free copies of the case documents on July 19, 2022, and denied a motion to proceed in forma pauperis on appeal on June 6, 2023. Guillory did not notice the present appeal until September 3, 2024. No provision in the Federal Rules of Appellate Procedure permits an appeal to be noticed after such a long delay, and we therefore lack jurisdiction regardless of which order Guillory appeals here.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.