Hicks v. Pinney

Case: 21-50691 Document: 00516270514 Page: 1 Date Filed: 04/06/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED April 6, 2022 No. 21-50691 Lyle W. Cayce Summary Calendar Clerk

Robert Lee Hicks, Plaintiff—Appellant, versus Warden Kevin Pinney; Major Jason Zeisloft; Sergeant James Vanderpool; John Doe (1 thru 32), TDCJ Employees; Brian Collier, Executive Director of TDCJ, Defendants—Appellees.

Appeal from the United States District Court for the Western District of Texas USDC No. 6:21-CV-171

Before Elrod, Oldham and Wilson, Circuit Judges.

Per Curiam:* Robert Lee Hicks, Texas prisoner # 1811716, has filed a motion for leave to proceed in forma pauperis (IFP) on appeal from the district court’s Case: 21-50691 Document: 00516270514 Page: 2 Date Filed: 04/06/2022

No. 21-50691 dismissal of his 42 U.S.C. § 1983 lawsuit as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B).

Because Hicks’s notice of appeal is untimely, we lack jurisdiction. See Fed. R. App. P. 4(a)(1)(A); see also Bowles v. Russell, 551 U.S. 205, 214 (2007). Accordingly, the appeal is DISMISSED for lack of jurisdiction.

Hicks’s motion for leave to proceed IFP on appeal is DENIED.