Background
The petitioner filed a petition under 28 United States Code Section 2254 which was dismissed without prejudice as successive and unauthorized. The petitioner then filed a notice of appeal, but conflicting evidence in the record created uncertainty regarding the filing date. The case was remanded to determine when the notice was delivered to prison officials for mailing.
The court’s reasoning
The district court found that the petitioner delivered the notice of appeal to prison officials on November 5, 2024. This date was after the 30-day appeal period expired on October 15, 2024. The court accepted this factfinding and dismissed the appeal for lack of jurisdiction. The court also reviewed the district court’s denial of a motion for reconsideration and concluded it was proper.
What it means going forward
The judgment of the district court is affirmed, leaving the dismissal of the habeas petition in place.