TYRONE EUGENE GEORGE v. LORIE DAVIS DIRECTOR TEXAS DEPARTMENT OF CRIMINAL JUSTICE CORRECTIONAL INSTITUTIONS DIVISION (2017)

We remanded this case to the district court because it was unclear from the record whether the plaintiff, a pro se prisoner, placed his notice of appeal in the prison mail system on or before April 28, 2016, the last day for filing the notice. The district court ordered the parties to file whatever evidence they had to demonstrate when the notice of appeal was placed in the mail. The respondent filed a response and supporting documentation including the affidavits of Diane Cobb, mailroom supervisor at the Ferguson Unit, and Donna Cook, a mailroom supervisor at the Estelle Unit, where the plaintiff was confined and the outgoing prison mail logs for the period of March 29, 2016, through May 4, 2016. After reviewing the evidence, the district court found that the notice of appeal was placed in the mail on May 2, 2016. The time limitation for filing a notice of appeal in a civil case is jurisdictional. Bowles v. Russell, 551 U.S. 205, 214 (2007). The lack of a timely notice mandates dismissal of the appeal. Robbins v. Maggio, 750 F.2d 405, 408 (5th Cir. 1985).

IT IS SO ORDERED.

PER CURIAM: