Williams v. Hunt Cty ( 2021 )

Case: 20-10132 Document: 00515857992 Page: 1 Date Filed: 05/11/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 11, 2021
No. 20-10132
Lyle W. Cayce
Clerk
Tyrone Jamaal Williams,
Plaintiff—Appellant,
versus
Hunt County, Texas Sheriff Department; Sergeant
Messick; Hunt County, Texas Sheriff Office
Classification/Administration Department; Randy
Meeks, Hunt County, Texas Sheriff; Captain Sherman; Nurse
Jana, Hunt County, Texas Sheriff Department Head of the Medical
Department; Transport Officer Ackers; Nurse Angela, Hunt
County, Texas Sheriff Office Medical Officer; Sergeant Lunsford,
Hunt County, Texas Sheriff Department Officer; Lieutenant Stroud,
Hunt County, Texas Sheriff Officer,
Defendants—Appellees.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:17-CV-3264
Case: 20-10132 Document: 00515857992 Page: 2 Date Filed: 05/11/2021
No. 20-10132
Before Dennis, Southwick, and Engelhardt, Circuit Judges.
Per Curiam:*
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 (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.
*
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opinion should not be published and is not precedent except under the limited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.
2