Kennedy v. Itawamba Cty Jail

Case: 25-60592 Document: 40-1 Page: 1 Date Filed: 04/28/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 25-60592 FILED April 28, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk Brandi Turner Kennedy, Plaintiff—Appellant, versus Itawamba County Jail, Nurse/Jail Administrator, in their individual and official capacity; Brandon Williamson, Fulton Police Department, in his individual and official capacity; CMCF 720; Chet White, N-16, in his individual and official capacity, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:25-CV-1 ______________________________ Before Elrod, Chief Judge, and Jones and Higginson, Circuit Judges.

Per Curiam: * Brandi Turner Kennedy, an inmate currently confined in the Itawamba County Detention Center in Fulton, Mississippi, moves for leave

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

Case: 25-60592 Document: 40-1 Page: 2 Date Filed: 04/28/2026

No. 25-60592 to proceed in forma pauperis (IFP) in this appeal of the district court’s order dismissing her 42 U.S.C. § 1983 complaint without prejudice.

“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) (citing Thompson v. Betts, 754 F.2d 1243, 1245 (5th Cir. 1985)). 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 Kennedy did not file a timely notice of appeal from the district court’s order dismissing her 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.