IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-31243
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DWAYNE D. DORSETT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 95-CR-192-2-T
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October 23, 2002
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Dwayne Dorsett, federal prisoner # 24731-034, argues that
the district court abused its discretion in determining that he
had failed to show excusable neglect or good cause for failing to
file a timely notice of appeal from the district court’s orders
denying his motion made pursuant to FED. R. CRIM. P. 35(a).
Dorsett asserts that his appeal was not timely filed because
the district court ordered him to file no further pleadings in
*
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that this opinion should not be published and is not precedent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. 01-31243
-2-
the district court. However, in that same order, the district
court specifically instructed the parties to seek any further
relief to which they believed they were entitled in the Fifth
Circuit. Even assuming that Dorsett had to inquire about the
proper procedure to be followed in filing an appeal, he provides
no explanation why he failed to send the notice of appeal until
October 9, 2001, 25 days after the district court entered the
order. Thus, Dorsett has failed to show that the district court
abused its discretion in finding no basis for excusable neglect
or good cause. Because the appeal was not timely filed, it is
DISMISSED for lack of jurisdiction.
Dorsett’s motion for the appeal of denial of appeal as
untimely, which is construed as a motion seeking extraordinary
relief, is DENIED.
APPEAL DISMISSED.