Jackson v. Baidoo ( 2021 )

Case: 21-20135 Document: 00515914760 Page: 1 Date Filed: 06/25/2021
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
June 25, 2021
No. 21-20135 Lyle W. Cayce
Clerk
Reidie James Jackson,
Plaintiff—Appellant,
versus
James A. Baidoo, Correctional Officer; Captain Garrett R.
Simmons; Major Julia M. Rodriguez,
Defendants—Appellees.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:20-CV-3920
Before Southwick, Ho, and Duncan, Circuit Judges.
Per Curiam:*
Reidie James Jackson, Texas prisoner # 1164177, appeals the district
court’s dismissal of his complaint without prejudice because he was a
sanctioned litigant barred from proceeding in forma pauperis (IFP) under 28
U.S.C. § 1915(g).
*
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opinion should not be published and is not precedent except under the limited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: 21-20135 Document: 00515914760 Page: 2 Date Filed: 06/25/2021
No. 21-20135
“[W]e must consider the basis of our own jurisdiction, sua sponte if
necessary.” Perez v. Stephens, 784 F.3d 276, 280 (5th Cir. 2015). A timely
notice of appeal is a jurisdictional requirement for an appeal in a civil case.
Bowles v. Russell, 551 U.S. 205, 214 (2007). In a civil matter, notice of appeal
must be filed within 30 days of the entry of the judgment or order being
appealed. 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A).
Jackson’s notice of appeal was not filed within 30 days of the entry of
the district court’s final judgment or any of its postjudgment orders.
Moreover, Jackson did not file a motion to excuse the delay under Federal
Rule of Appellate Procedure 4(a)(5). See Henry v. Estelle, 688 F.2d 407, 407
(5th Cir. 1982); Mann v. Lynaugh, 840 F.2d 1194, 1198-99 & n.4 (5th
Cir. 1988). Therefore, we lack jurisdiction to consider his appeal. See Bowles,
551 U.S. at 214. Accordingly, Jackson’s appeal is DISMISSED for lack of
jurisdiction, and his motion for leave to proceed IFP on appeal is DENIED
as moot.
2