Wyatt v. Thaler

PER CURIAM: *

Christopher Daniel Wyatt, Texas prisoner # 00758734, seeks a certificate of appealability (COA) to appeal the district court’s order dismissing his 28 U.S.C. § 2254 habeas corpus petition without prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). Wyatt’s petition challenged his 1996 murder conviction, for which he was sentenced to life in prison.

The district court’s order denying Wyatt a COA stated that the order dismissing Wyatt’s § 2254 petition without prejudice was not final or appealable, but we have long held that a “dismissal for failure to…