The King/Morocco v. Peake BMW of New Orleans

Case: 19-30434 Document: 00515303457 Page: 1 Date Filed: 02/10/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 19-30434
Fifth Circuit
FILED
Summary Calendar February 10, 2020
Lyle W. Cayce
THE KING/MOROCCO, Clerk
Plaintiff-Appellant
v.
PEAKE BMW OF NEW ORLEANS, Inter-Alia,
Defendant-Appellee
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:18-CV-9004
Before JONES, HIGGINSON, and OLDHAM, Circuit Judges.
PER CURIAM: *
The King/Morocco moves for leave to proceed in forma pauperis (IFP) in
this appeal. By moving this court for leave to proceed IFP, The King/Morocco
is challenging the district court’s determination that his appeal is not taken in
good faith. 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). We do not
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-30434 Document: 00515303457 Page: 2 Date Filed: 02/10/2020
No. 19-30434
have jurisdiction to address The King/Morocco’s appeal of the magistrate
judge’s order denying him IFP status. See Donaldson v. Ducote, 373 F.3d 622,
624 (5th Cir. 2004); see also Colburn v. Bunge Towing, Inc., 883 F.2d 372, 379
(5th Cir. 1989). In addition, 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 he did not file a timely notice of appeal from the district court’s
order denying his motion for an appeal to the district court, this court also lacks
jurisdiction over that portion of The King/Morocco’s 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. King is WARNED that future frivolous, repetitive,
or otherwise abusive filings will invite the imposition of sanctions, which may
include dismissal, monetary sanctions, and restrictions on his ability to file
pleadings in this court and any court subject to this court’s jurisdiction.
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