Case: 21-60649 Document: 00516472308 Page: 1 Date Filed: 09/15/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
September 15, 2022
No. 21-60649 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Justin C. Mark,
Defendant—Appellant.
Appeal from the United States District Court
for the Southern District of Mississippi
No. 1:11-CR-22-1
Before King, Jones, and Smith, Circuit Judges.
Per Curiam:*
Justin Mark, federal prisoner #16060-043, moves to proceed in forma
pauperis (“IFP”) on appeal of the June 15, 2021, order denying his request to
correct the statement of reasons in his criminal case. Mark’s notice of appeal
was filed, at the earliest, on August 6, 2021, after expiration of both the 14-day
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited circum-
stances set forth in 5th Circuit Rule 47.5.4.
Case: 21-60649 Document: 00516472308 Page: 2 Date Filed: 09/15/2022
No. 21-60649
period for filing a notice of appeal under Federal Rule of Appellate Procedure
4(b)(1)(A) and the maximum 30-day extension that could be granted under
Rule 4(b)(4).
This court may dismiss an appeal during consideration of an inter-
locutory motion if the appeal “is frivolous and entirely without merit.” 5th
Cir. R. 42.2. The district court denied Mark’s request to proceed IFP on
appeal and certified that the appeal was not taken in good faith because his
notice of appeal was untimely. Because the district court did not err in
enforcing the time limits in Rule 4(b), the untimeliness of Mark’s notice of
appeal may not be disregarded. See United States v. Leijano-Cruz, 473 F.3d
571, 574 (5th Cir. 2006).
The appeal is without arguable merit and is DISMISSED, and
Mark’s motion to proceed IFP on appeal is DENIED. See 5th Cir.
R. 42.2.
2