MANDATE of USCA (Certified Copy) as to [4] Notice of Appeal filed by Stanley Bethea, USCA Case Number 05-3736-cv. This court has determined sua sponte that it lacks jurisdiction over this appeal because the notice of appeal is untimely under Rule4(a)(1) of the Federal Rules of Appellate Procedure. Therefore, it is ORDERED that the appeal is dismissed. the motions for in forma pauperis and assignment of counsel are denied as moot. Roseann B. MacKechnie, Clerk USCA. Issued As Mandate: 10/10/2006. (nd, )