United States of America v. Clyde Kirby Whitley

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7748
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CLYDE KIRBY WHITLEY,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
District Judge. (5:07-cr-00080-FL-1)
Submitted: July 23, 2015 Decided: July 27, 2015
Amended: October 20, 2015
Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Clyde Kirby Whitley, Appellant Pro Se. Jane J. Jackson,
Assistant United States Attorney, Seth Morgan Wood, OFFICE OF
THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Clyde Kirby Whitley noted an appeal from the district
court’s order of November 10, 2014. In his informal brief,
Whitley explains that he did not intend to appeal that order.
Instead, he seeks review of a subsequent order denying his
motion for reconsideration. Whitley, however, did not file a
notice of appeal of the order denying his motion for
reconsideration in the district court. Because Whitley does not
assert any error in the court’s November 10 order and the order
Whitley seeks to appeal is not properly before this court, we
dismiss Whitley’s appeal. We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
DISMISSED

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