In Re: Stone v. , 120 F. App'x 477 ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7880
In Re: GEORGE BOYD STONE,
Petitioner.
On Petition for Writ of Mandamus. (CR-93-3)
Submitted: January 19, 2005 Decided: February 2, 2005
Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.
Petition denied by unpublished per curiam opinion.
George Boyd Stone, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
On December 1, 2003, George Boyd Stone filed a petition
for writ of mandamus, seeking an order from this court requiring
the district court to rule on Stone’s September 11, 2002 motion to
preserve evidence in his criminal case. The motion was denied on
June 12, 2003, rendering Stone’s petition moot. Thus, Stone
requests that his petition be construed as a notice of appeal from
the district court’s June 12 order. However, even if we construed
the petition as Stone requests, the notice of appeal would be
untimely. See Fed. R. App. P. 4(b)(1). Moreover, although Stone
contends that he did not receive timely notice of the denial of his
motion, we are without jurisdiction to extend the time to appeal.
See United States v. Little, 2004 WL 2955027, *7 (4th Cir. Dec. 22,
2004). Accordingly, we grant Stone’s motion to proceed in forma
pauperis, deny Stone’s petition for writ of mandamus, and deny his
request to construe the petition as a notice of appeal. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
PETITION DENIED
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