Background
Robert L. Hedrick, a federal prisoner, moved for leave to proceed in forma pauperis on appeal from various district court orders in his criminal, habeas corpus under section two thousand two hundred fifty-five, and habeas corpus under section two thousand two hundred forty-one proceedings. He challenged the district court’s determination that his appeal was not taken in good faith.
The court’s reasoning
The court found it lacked jurisdiction to consider the appeal of the district court’s order denying his motion to direct the Federal Bureau of Investigation to file criminal charges because those motions were meaningless and unauthorized. Additionally, the court noted that the timely filing of a notice of appeal is a jurisdictional requirement, and Hedrick failed to file a timely notice for his section two thousand two hundred fifty-five and section two thousand two hundred forty-one proceedings. The court cited United States v. Early and Bowles v. Russell to support its conclusion that it could not consider the merits of the denied motions.
This Court must examine the basis of its jurisdiction, on its own motion, if necessary.
Mosley v. Cozby, 813 F.3d 659, 660 (5th Cir. 1987)
What it means going forward
The dismissal prevents further judicial review of the underlying motions, and the sanction serves as a financial penalty and deterrent against future abusive litigation tactics by the appellant.