Ezenwa v. United States

Case: 25-20314 Document: 32-1 Page: 1 Date Filed: 01/30/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED January 30, 2026 No. 25-20314 Lyle W. Cayce Summary Calendar Clerk ____________ Maxwell Chibueze Ezenwa, Plaintiff—Appellant, versus United States of America; Sheryl Fryer, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:24-CV-1510 ______________________________ Before Jones, Richman, and Ramirez, Circuit Judges.

Per Curiam: * Maxwell Chibueze Ezenwa, federal prisoner # 83800-079, moves for leave to proceed in forma pauperis (IFP) in this appeal. By moving this court for leave to proceed IFP, Ezenwa is challenging the district court’s determination that his appeal is not taken in good faith. Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

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

Case: 25-20314 Document: 32-1 Page: 2 Date Filed: 01/30/2026

No. 25-20314

“This court must examine the basis of its jurisdiction, on its own motion, if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). An untimely notice of appeal in a civil case deprives this court of jurisdiction.

Bowles v. Russell, 551 U.S. 205, 213-14 (2007). Because Ezenwa did not file a timely notice of appeal from the district court’s judgment dismissing his complaint, this court lacks jurisdiction over the instant appeal. See id.; Fed. R. App. P. 4(a)(1)(A).

Accordingly, the appeal is DISMISSED for lack of jurisdiction. The IFP motion is DENIED as moot.