
    James FULTON, Jr., Petitioner-Appellant v. Lorie DAVIS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee
    No. 17-50403
    United States Court of Appeals, Fifth Circuit.
    Filed March 13, 2018
    James Fulton, Jr., Pro Se
    Edward Larry Marshall, Office of the Attorney General, Postconviction Litigation Division, Austin, TX, for Respondent-Appellee
    Before SMITH, WIENER, and HAYNES, Circuit Judges.
   PER CURIAM:

James Fulton, Jr., Texas prisoner # 1770265, has filed a notice of appeal that is untimely with respect to the denial of his 28 U.S.C. § 2254 application challenging his conviction for murder. See Fed. R. App. P. 4(a)(1)(A). It also is untimely with respect to the denial of his motion seeking to reopen the time for appeal. See Fed. R. App. P. 4(a)(1)(A), (c)(1). Alternatively, his request to the district court to reopen the time for appeal was untimely, so his appeal of that denial is without merit. Accordingly, the appeal is DISMISSED. See Hamer v. Neighborhood Hous. Servs. of Chicago, — U.S. -, 138 S.Ct. 13, 16-17, 199 L.Ed.2d 249 (2017); 28 U.S.C. § 2107(a), (c). The motions for a certificate of appeal-ability and leave to proceed in forma pau-peris are DENIED. 
      
       Pursuant to 5th Cir. R. 47,5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir, R. 47.5.4.
     