King/Morocco v. Premier Honda of New Orleans

Case: 19-30495 Document: 00515303289 Page: 1 Date Filed: 02/10/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 19-30495
FILED
February 10, 2020
Summary Calendar
Lyle W. Cayce
Clerk
KING/MOROCCO,
Plaintiff-Appellant
v.
PREMIER HONDA OF NEW ORLEANS,
Defendant-Appellee
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:18-CV-8966
Before JONES, HIGGINSON, and OLDHAM, Circuit Judges.
PER CURIAM: *
King/Morocco moves for leave to proceed in forma pauperis (IFP) in this
appeal. By moving this court for leave to proceed IFP, 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-30495 Document: 00515303289 Page: 2 Date Filed: 02/10/2020
No. 19-30495
have jurisdiction to address 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 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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