United States v. Dickey

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-41097 c/w No. 00-41182 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LARRY WILSON DICKEY, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. G-00-CV-131 USDC No. G-94-CR-8-1 - - - - - - - - - - June 1, 2001 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Currently before the court are two related appeals filed by Larry Wilson Dickey, federal prisoner # 66249-079, which have been consolidated for appellate purposes: the appeal from the district court’s dismissal of Dickey’s writ of error coram nobis (docketed as appeal No. 00-41097) and the appeal from the district court’s dismissal of his 28 U.S.C. petition as an untimely filed 28 U.S.C. § 2255 motion (docketed as appeal No. 00-41182). In the interests of judicial efficiency, we SEVER these two appeals. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 00-41097 c/w No. 00-41182 -2- Because Dickey does not address the basis of the district court’s dismissal of his petition for a writ of error coram nobis, the appeal in No. 00-41097 is DISMISSED. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993). APPEALS SEVERED. APPEAL NO. 00-41097 DISMISSED.