Buford Randle v. Lorie Davis, Director


UNPUBLISHED OPINION ORDER FILED. [17-40293 Dismissed for Lack of Jurisdiction] Judge: JES , Judge: JLW , Judge: CH; denying as moot motion for certificate of appealability filed by Appellant Mr. Buford Randle [8511445-2] [17-40293]

Download PDF
Case: 17-40293 Document: 00514255970 Page: 1 Date Filed: 11/30/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-40293 United States Court of Appeals Fif h Circuit FILED November 30, 2017 Lyle W. Cayce Clerk BUFORD RANDLE, Petitioner-Appellant v. LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent-Appellee Appeal from the United States District Court for the Southern District of Texas USDC No. 2:16-CV-21 Before SMITH, WIENER, and HAYNES, Circuit Judges. PER CURIAM: * Petitioner-Appellant Buford Randle, Texas prisoner # 1970284, filed a motion in this court seeking a certificate of appealability (COA) to appeal the district court’s denial of his 28 U.S.C. § 2254 application in which he challenges his convictions for evading arrest and possession of cocaine. Randle raised claims in the district court that his counsel had rendered ineffective assistance in numerous respects, mainly related to (1) his mental health or (2) his claim Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 17-40293 Document: 00514255970 Page: 2 Date Filed: 11/30/2017 No. 17-40293 that his guilty plea was involuntary because he was heavily medicated when he pleaded. To obtain a COA, Randle must make “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). This court must examine the basis of its jurisdiction, sua sponte if necessary. Hernandez v. Thaler, 630 F.3d 420, 424 & n.1 (5th Cir. 2011). Randle’s notice of appeal was filed more than 30 days after the entry of the final judgment denying his § 2254 petition. That made his notice of appeal untimely. See FED. R. APP. P. 4(a)(1)(A), (c)(1). A federal habeas proceeding is civil in nature. When the time in which to file a notice of appeal in a civil case is set by statute, it is jurisdictional. Hamer v. Neighborhood Hous. Serv. of Chicago, ___ S. Ct. ___, No. 16-658, 2017 WL 5160782, *6-7 (U.S. Nov. 8, 2017); Bowles v. Russell, 551 U.S. 205, 214 (2007). We therefore lack jurisdiction in this case because Randle’s notice of appeal was untimely. Randle’s appeal is DISMISSED for lack of jurisdiction, and his request for a COA is DENIED as MOOT. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?