WILLIAMS v. HUNT COUNTY TEXAS SHERIFF DEPARTMENT (2021)

Tyrone Jamaal Williams, then a pretrial inmate detained at the Hunt County Detention Center in Greenville, Texas, filed a 42 U.S.C. § 1983 lawsuit against the Sheriff's Department of Hunt County and various prison officials. He now moves for leave to proceed in forma pauperis (IFP) in this appeal. By moving this court for leave to proceed IFP, Williams is challenging the district court's determination that his appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

“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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007). Because Williams did not file a timely notice of appeal from the district court's judgment dismissing his § 1983 lawsuit for failure to state a claim, 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.

FOOTNOTES

FOOTNOTE.  

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.