United States v. Manuel Lujan

Case: 13-11286 Document: 00512879188 Page: 1 Date Filed: 12/22/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 22, 2014
No. 13-11286
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MANUEL D. LUJAN,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:03-CR-47-10
Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Manuel D. Lujan, federal prisoner # 30527-177, appeals the denial of his
purported Federal Rule of Civil Procedure 60(b)(4) motion. A timely notice of
appeal is mandatory and jurisdictional in a civil case. Bowles v. Russell,
551 U.S. 205, 213-14 (2007). Even in a criminal case, compliance with the time
requirements is mandatory and may be enforced by the court. United States
v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir. 2006). We previously remanded to
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-11286 Document: 00512879188 Page: 2 Date Filed: 12/22/2014
No. 13-11286
the district court for it to determine whether Lujan delivered the notice of
appeal from the denial of his motion to prison officials on or before July 2, 2013.
The district court found no competent evidence that it was.
Because Lujan failed to file a timely notice of appeal, the appeal is
DISMISSED. Lujan’s motion for the appointment of counsel is DENIED.
2