LUSK v. WARNER (2019)

Charles E. Lusk, Texas prisoner # 1964427, has appealed the dismissal of his civil rights complaint. 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). A timely notice of appeal in a civil case is a jurisdictional prerequisite when, as here, the time limit is set by statute. See Hamer v. Neighborhood Hous. Servs. of Chicago, ––– U.S. ––––, 138 S.Ct. 13, 17, 199 L.Ed.2d 249 (2017); Bowles v. Russell, 551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007); 28 U.S.C. § 2107(a).

Lusk had to file a notice of appeal within 30 days of entry of the judgment on May 8, 2018. See § 2107(a); Fed. R. App. P. 4(a)(1)(A). Because Lusk filed his notice of appeal no earlier than August 2, 2018, his appeal is untimely, and this court lacks jurisdiction. See Hamer, 138 S.Ct. at 17. The appeal is DISMISSED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.