U.S. Court of Appeals for the Fifth Circuit, 2023

Lambert v. MS Dept of Corr

Lambert v. MS Dept of Corr
U.S. Court of Appeals for the Fifth Circuit · Decided June 28, 2023

Lambert v. MS Dept of Corr

Opinion

Case: 23-60136 Document: 00516803375 Page: 1 Date Filed: 06/28/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-60136 Summary Calendar FILED ____________ June 28, 2023 Lyle W. Cayce James A. Lambert, Clerk Plaintiff—Appellant, versus Mississippi Department of Correction, Records Department; Burl Cain, Commissioner, Mississippi Department of Corrections; Parole Board; Raniece Matthews, Investigator, ARP; Captain Hartfield, Warden of Area II, K-9 Officer; Mississippi Department of Correction, Classification Department; Mississippi Department of Correction, Medical Records Department, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:22-CV-109 ______________________________ Case: 23-60136 Document: 00516803375 Page: 2 Date Filed: 06/28/2023

No. 23-60136

Before Clement, Elrod, and Ho, Circuit Judges.

Per Curiam: * James A. Lambert, Mississippi prisoner # 162664, moves for leave to proceed in forma pauperis on appeal from the dismissal of his 42 U.S.C. § 1983 lawsuit for failure to state a claim. We must examine the basis of our juris- diction, sua sponte, if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Because Lambert’s notice of appeal is untimely, we lack jurisdiction.

Fed. R. App. P. 4(a)(1)(A); see Bowles v. Russell, 551 U.S. 205, 214 (2007).

Accordingly, the appeal is DISMISSED for lack of jurisdiction. Lambert’s motion for leave to proceed IFP on appeal is DENIED.

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

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