Brian Nesbitt v. Warden Tyger River, 4th Cir. (2015)
Brian Nesbitt v. Warden Tyger River, 4th Cir. (2015)
No. 14-7626
No. 15-6814
Appeals from the United States District Court for the District
of South Carolina, at Rock Hill. Richard Mark Gergel, District
Judge. (0:13-cv-02602-RMG)
Submitted:
Decided:
PER CURIAM:
In these consolidated appeals, Brian Keith Nesbitt seeks to
challenge
judges
the
district
recommendation
courts
and
order
adopting
dismissing
his
the
28
magistrate
U.S.C.
2254
(2012) petition (No. 14-7626), and the courts order denying his
Fed. R. Civ. P. 59(e) motion for reconsideration of its order,
entered after a limited remand, finding that Nesbitts notice of
appeal
Warden,
2015).
was
not
Tyger
We
timely
River
dismiss
filed
Corr.
the
(No.
Inst.,
appeal
15-6814).
599
in
F.
No.
See
Appx
14-7626
68
Nesbitt
(4th
for
v.
Cir.
lack
of
are
accorded
30
days
after
the
entry
of
the
[T]he timely
obtain
an
extension
or
reopening
of
the
appeal
period,
we
no
reversible
error.
we
affirm
for
the
the
we
dismiss
district
courts
the
appeal
order
in
in
No.
No.
14-7626
15-6814.
We
and
deny
and
for
preliminary
injunction
and
temporary
and
for
restraining order.
facts
and
material
legal
before
preliminary
injunction
and
temporary
contentions
are
adequately
this
and
argument
court
presented
will
not
in
the
aid
the
decisional process.
No. 14-7626, DISMISSED;
No. 15-6814, AFFIRMED