Cornelious v. Steifer ( 2022 )

Case: 21-40921 Document: 00516344151 Page: 1 Date Filed: 06/03/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
June 3, 2022
No. 21-40921
Summary Calendar Lyle W. Cayce
Clerk
Undra Cornelious,
Plaintiff—Appellant,
versus
Kirt Steifer, Warden, Michael Unit,
Defendant—Appellee.
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:20-CV-621
Before Stewart, Haynes, and Ho, Circuit Judges.
Per Curiam:*
Undra Cornelious, Texas prisoner # 2140750, has filed a motion for
leave to proceed in forma pauperis (IFP) on appeal of a case where the district
court dismissed his 42 U.S.C. § 1983 complaint with prejudice for failure to
state a claim. However, the appeal is both improper and untimely. First, he
*
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opinion should not be published and is not precedent except under the limited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.
Case: 21-40921 Document: 00516344151 Page: 2 Date Filed: 06/03/2022
No. 21-40921
appeals only the magistrate judge’s recommendation, not the district judge’s
final judgment; we lack jurisdiction over that appeal. Further, his appeal is
untimely, and he fails to assert any basis for extending the time for appeal.
Accordingly, IFP MOTION DENIED; APPEAL DISMISSED.
2