Filed: Mar. 03, 2004
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 3, 2004 Charles R. Fulbruge III Clerk No. 03-11245 Summary Calendar GREGG WILLIAM PAULSON, Sergeant, Petitioner-Appellant, versus B.B. BELL, Lieutenant General or Successor, United States Army, Respondent-Appellee. - Appeal from the United States District Court for the Northern District of Texas USDC No. 5:03-CV-135-C - Before REAVLEY, STEWART, and CLEMENT, Circuit Judges. PER
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 3, 2004 Charles R. Fulbruge III Clerk No. 03-11245 Summary Calendar GREGG WILLIAM PAULSON, Sergeant, Petitioner-Appellant, versus B.B. BELL, Lieutenant General or Successor, United States Army, Respondent-Appellee. - Appeal from the United States District Court for the Northern District of Texas USDC No. 5:03-CV-135-C - Before REAVLEY, STEWART, and CLEMENT, Circuit Judges. PER ..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT March 3, 2004
Charles R. Fulbruge III
Clerk
No. 03-11245
Summary Calendar
GREGG WILLIAM PAULSON, Sergeant,
Petitioner-Appellant,
versus
B.B. BELL, Lieutenant General or
Successor, United States Army,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:03-CV-135-C
--------------------
Before REAVLEY, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
Gregg William Paulson, Texas prisoner # 825838 appeals
the dismissal as frivolous of his 28 U.S.C. § 2241 petition,
challenging his state custody on the ground that he is a prisoner
of war and is being denied his rights under the Geneva
Convention. This court must examine the basis of its
jurisdiction on its own motion if necessary. Mosley v. Cozby,
813 F.2d 659, 660 (5th Cir. 1987). A timely notice of appeal
*
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that this opinion should not be published and is not precedent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. 03-11245
-2-
is a prerequisite for the exercise of jurisdiction by this court.
United States v. Carr,
979 F.2d 51, 55 (5th Cir. 1992). Federal
Rule of Appellate Procedure 4(a)(1)(A) requires that the notice
of appeal in a civil action be filed within 30 days of entry of
the judgment or order from which appeal is taken.
Paulson did not file his notice of appeal within 30 days of
the entry of the district court’s July 17, 2003, dismissal order.
Instead, his notice of appeal was filed in excess of four months
later, on November 19, 2003, at the earliest. The November 19
notice of appeal was timely as to the district court’s denial of
Paulson’s postjudgment “Motion for a Full and Fair Hearing To
Determine Facts in Dispute” only. However, Paulson briefs no
argument regarding the denial of that motion, devoting his brief
instead to the merits of his case and to the propriety of the
district court’s dismissal of his petition. By failing to brief
any argument regarding the denial of his motion for a full and
fair hearing, Paulson has abandoned the sole available ground for
appeal. See Yohey v. Collins,
985 F.2d 222, 224-25 (5th Cir.
1993); see also FED. R. APP. P. 4(a)(1)(A). The appeal is
therefore DISMISSED.