Background
Raymond Lee Kelly, a federal prisoner proceeding pro se, sought to appeal a district court judgment denying his motion under Section twenty-eight U.S.C. Section two thousand two hundred fifty-five. The district court entered judgment on June twelfth, two thousand twenty-five.
The court’s reasoning
The court determined that the sixty-day statutory time limit required Kelly to file a notice of appeal by August eleventh, two thousand twenty-five. Although Kelly’s notice was deemed filed on October twenty-seventh, two thousand twenty-five under the prison mailbox rule, the filing was untimely and could not invoke appellate jurisdiction.
What it means going forward
The dismissal prevents any review of the underlying habeas denial, leaving the district court’s judgment in place.