Thomas v. Pate

Case: 25-30619 Document: 41-1 Page: 1 Date Filed: 04/27/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED April 27, 2026 No. 25-30619 Lyle W. Cayce Summary Calendar Clerk ____________ Wilkinson Oloyede Thomas, Petitioner—Appellant, versus Nathan Pate, Warden, Federal Correctional Institution Oakdale II, Respondent—Appellee. ______________________________ Appeal from the United States District Court for the Western District of Louisiana USDC No. 2:25-CV-613 ______________________________ Before Richman, Southwick, and Willett, Circuit Judges.

Per Curiam: * Wilkinson Oloyede Thomas, federal prisoner # 09866-509, filed a pro se 28 U.S.C. § 2241 petition challenging the validity of his convictions for two drug-distribution conspiracies and possession with intent to distribute and dispense controlled substances. The district court dismissed the § 2241 petition without prejudice for lack of jurisdiction. Thomas filed a timely _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-30619 Document: 41-1 Page: 2 Date Filed: 04/27/2026

No. 25-30619 notice of appeal from the district court’s judgment. More than 28 days after entry of the judgment, Thomas filed a motion for reconsideration, which the district court denied.

Thomas’s brief on appeal is wholly devoted to the district court’s denial of his motion for reconsideration. However, he has not filed a notice of appeal from the order denying his motion for reconsideration.

Consequently, the district court’s denial of that motion is not before this court. See Fed. R. App. P. 4(a)(1); Funk v. Stryker, 631 F.3d 777, 781 (5th Cir. 2011). Because Thomas fails to brief a challenge to the district court’s reasons for dismissing his § 2241 petition, the relevant issues are abandoned.

See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); Brinkmann v. Dallas Cnty. Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).

Accordingly, the judgment of the district court is AFFIRMED.