Case: 22-40451 Document: 00516754902 Page: 1 Date Filed: 05/18/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED May 18, 2023 No. 22-40451 Lyle W. Cayce Summary Calendar Clerk ____________ Eric Watkins, Plaintiff—Appellant, versus Weston L., Disciplinary Hearing Office, Beaumont Federal Correctional Complex-Medium, Defendant—Appellee. ______________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:12-CV-18 ______________________________ Before Higginbotham, Graves, and Ho, Circuit Judges.

Per Curiam:* Eric Watkins, former federal prisoner # 55630-004, proceeding pro se and in forma pauperis (IFP), filed a complaint pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). The district court dismissed the complaint for failure to state a claim upon which

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-40451 Document: 00516754902 Page: 2 Date Filed: 05/18/2023

No. 22-40451

relief may be granted, finding that Bivens did not afford a cause of action. See 28 U.S.C. § 1915(e)(2)(B)(ii). Watkins challenges that decision.

As a threshold matter, this court must determine whether it has jurisdiction to entertain Watkins’s appeal. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007).

Where, as here, one of the parties is a current or former “United States officer or employee” sued in an official or individual capacity, an appellant in a civil case has 60 days from the entry of judgment to file a notice of appeal.

Fed. R. App. P. 4(a)(1)(B)(iii)-(iv). The district court entered its judgment dismissing Watkins’s complaint on Monday, May 16, 2022. The 60-day time period for filing an appeal expired on Friday, July 15, 2022. See Fed. R. App. P. 4(a)(1)(B). Watkins’s notice of appeal was docketed on July 18, 2022, the next Monday, and, therefore, it was untimely. See id.; see also Fed. R. App. P. 26(a)(1).

As Watkins’s notice of appeal is untimely, his appeal is DISMISSED for lack of jurisdiction. See Fed. R. App. P. 4(a)(1)(B); Bowles, 551 U.S. at 213-14.