Robertson v. Harris County Texas
Robertson v. Harris County Texas
Opinion
Ted Lawrence Robertson, Texas prisoner # 1175868, appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint against approximately 25 state and county officials. This court must examine the basis of its jurisdiction on its own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). A timely filed notice of appeal is a jurisdictional prerequisite to appellate review. Dison v. Whitley, 20 F.3d 185, 186 (5th Cir. 1994).
More than ten days after the entry of judgment, but within the 30-day time for filing a notice of appeal, Robertson filed a “Motion to Rescind,” construed as a motion filed under Fed. R. Civ. P. 60(b). Robertson simultaneously filed a “Notice of Appeal,” which stated that Robertson wished to appeal the district court’s judgment only in the event that his “Motion to Rescind” was not granted. Thus, the primary relief sought in Robertson’s “Motion to Rescind” and in his “Notice of Appeal” was reconsideration of the district court’s judgment. Robertson’s “Notice of Appeal” was not a sufficient notice of appeal, as it did not clearly evince Robertson’s intent to appeal. See Mosley, 813 F.2d at 660. Because there was no timely notice of appeal, this court lacks jurisdiction over this appeal and it is DISMISSED. See Mosley, 813 F.2d at 660-61.
APPEAL DISMISSED; ALL OUTSTANDING MOTIONS 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.