U.S. Court of Appeals for the Fifth Circuit, 2004

Lara v. Stadler

Lara v. Stadler
U.S. Court of Appeals for the Fifth Circuit · Decided September 20, 2004 · Garza, Demoss, Clement
108 F. App'x 208

Lara v. Stadler

Opinion

PER CURIAM: *

Eric Lara, Sr., Louisiana prisoner # 353026, requests leave to proceed in for-ma pauperis (IFP) on appeal so that he may challenge the district court’s dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim upon which relief can be granted. This court must examine the basis of its jurisdiction on its own motion if *209 necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). A timely notice of appeal is a prerequisite to the exercise of jurisdiction by this court. Dison v. Whitley, 20 F.3d 185, 186 (5th Cir. 1994). Because Lara did not file his notice of appeal within 30 days of the entry of judgment in the instant case, this court lacks jurisdiction over the appeal. Id.; Fed. R.App. P. 4(a)(1)(A).

Consequently, Lara’s appeal is DISMISSED for lack of jurisdiction. Lara’s motion for leave to proceed IFP on appeal is DENIED AS UNNECESSARY.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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