Case: 15-51041 Document: 00513736689 Page: 1 Date Filed: 10/27/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 15-51041 FILED
Summary Calendar October 27, 2016
Lyle W. Cayce
Clerk
KENNETH RAY JOHNSON,
Petitioner–Appellant,
versus
UNITED STATES OF AMERICA,
Respondent–Appellee.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:15-CV-241
Before SMITH, CLEMENT, and GRAVES, Circuit Judges.
PER CURIAM: *
Kenneth Johnson, federal prisoner # 38827-177, who was convicted of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-51041 Document: 00513736689 Page: 2 Date Filed: 10/27/2016
No. 15-51041
aiding and abetting the distribution of methamphetamine, appeals the dis-
missal of his purported 28 U.S.C. § 2241 petition. Johnson failed to file a notice
of appeal within 60 days of the entry of the judgment of dismissal. See FED. R.
APP. P. 4(a)(1)(B)(i). The judgment was entered on August 28, 2015, so the
60th day was October 27, 2015. The notice of appeal was filed the next day,
October 28, giving Johnson the benefit of the prison mailbox rule.
Nothing in the notice of appeal can be reasonably construed as a motion
for extension of time to appeal based on excusable neglect or good cause. See
FED. R. APP. P. 4(a)(5). Although the notice of appeal states that the judgment
was served on September 21, 2015, it cannot be treated as a motion to reopen
the time to appeal based on a claim that Johnson did not receive notice of the
entry of judgment within 21 days of entry, see FED. R. APP. P. 4(a)(6)(A), be-
cause Johnson did not move to reopen within 14 days after receiving notice of
the entry.
The time limit for filing a notice of appeal of a civil judgment is jurisdic-
tional, Bowles v. Russell, 551 U.S. 205, 208–14 (2007), so we lack jurisdiction
to consider the appeal, which is therefore DISMISSED. Johnson’s motion for
appointment of counsel is DENIED.
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