U.S. Court of Appeals for the Fifth Circuit, 2011

Timmy Hatfield v. Oscar Mendoza

Timmy Hatfield v. Oscar Mendoza
U.S. Court of Appeals for the Fifth Circuit · Decided May 11, 2011 · Davis, Per Curiam, Smith, Southwick
424 F. App'x 367

Timmy Hatfield v. Oscar Mendoza

Opinion

PER CURIAM: *

Timmy Edward Hatfield, Texas prisoner # 1521700, has filed a motion for leave to proceed in forma pauperis (IFP) on appeal from the district court’s dismissal of his civil rights suit without prejudice as moot. This court has a duty to examine the basis of its jurisdiction, sua sponte, if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). A timely notice of appeal is a jurisdictional requirement in a civil case. Bowles v. Russell, 551 U.S. 205, 213-14, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

Federal Rule of Appellate Procedure 4(a)(1)(A) requires that the notice of appeal in a civil action be filed within 30 days *368 of entry of the judgment or order from which the appeal is taken. Hatfield’s notice of appeal was untimely under Rule 4(a)(1)(A) because it was filed at the earliest on September 22, 2010, more than 30 days after the district court’s judgment dismissing his suit was entered on May 12, 2010. Additionally, Rule 4(a)(5) and (6) do not assist Hatfield with respect to the untimeliness of his notice of appeal. Given the absence of a timely notice of appeal in this case, this appeal must be dismissed for lack of jurisdiction.

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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