US v. Clyde Kirby Whitley

Filing

AMENDED OPINION filed amending and superseding opinion dated 07/27/2015. Originating case number: 5:07-cr-00080-FL-1 Copies to all parties. Mailed to: Whitley. [14-7748]

Appeal: 14-7748

Doc: 43

Filed: 10/20/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7748

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CLYDE KIRBY WHITLEY,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:07-cr-00080-FL-1)

Submitted:

July 23, 2015
Amended:

Decided:

July 27, 2015

October 20, 2015

Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Clyde Kirby Whitley, Appellant Pro Se.
Jane J. Jackson,
Assistant United States Attorney, Seth Morgan Wood, OFFICE OF
THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-7748

Doc: 43

Filed: 10/20/2015

Pg: 2 of 2

Whitley

an

PER CURIAM:
Clyde

Kirby

noted

appeal

court’s order of November 10, 2014.

from

the

district

In his informal brief,

Whitley explains that he did not intend to appeal that order.
Instead,

he

seeks

review

of

a

subsequent

order

denying

his

motion for reconsideration.

Whitley, however, did not file a

notice

order

of

appeal

of

the

reconsideration in the district court.

denying

his

motion

for

Because Whitley does not

assert any error in the court’s November 10 order and the order
Whitley seeks to appeal is not properly before this court, we
dismiss

Whitley’s

appeal.

We

dispense

with

oral

argument

because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
DISMISSED

2