Background
Wilkinson Oloyede Thomas, a federal prisoner, filed a pro se petition under Section twenty-eight U.S.C. Section two thousand two hundred forty-one challenging his drug convictions. The district court dismissed the petition without prejudice for lack of jurisdiction. Thomas filed a timely notice of appeal from that judgment but later filed a motion for reconsideration which was denied. His appellate brief focused solely on the denial of the motion for reconsideration.
The court’s reasoning
The court noted that Thomas did not file a notice of appeal from the order denying his motion for reconsideration, meaning that order was not before the court. Furthermore, Thomas failed to brief a challenge to the district court’s reasons for dismissing his petition. Under Fifth Circuit precedent, issues not briefed are considered abandoned.
What it means going forward
Appellants must ensure they file a notice of appeal from any order they wish to challenge, including denials of motions for reconsideration, and must brief all substantive issues to avoid abandonment.