Gilbert v. McCauley
149 F.3d 1174
5th Cir.
1998
Check Treatment

WOODROW GILBERT, Plaintiff-Appellant, versus MICHAEL J. McCAULEY, Correctional Officer, Michael Unit; HEROD NICKERSON, JR., Correctional Officer, Michael Unit, Defendants-Appellees.

No. 96-41247

United States Court of Appeals for the Fifth Circuit

June 16, 1998

Conference Calendar

Before DAVIS, PARKER, and DENNIS, Circuit Judges.

Appeal from the United States District Court for the Eastern District of Texas

USDC No. 6:95-CV-591

PER CURIAM:*

Woodrow Gilbert, Texas prisoner #489215, appeals from the magistrate judge‘s dismissal following a bench trial of Gilbert‘s 42 U.S.C. § 1983 civil rights complaint. This court must examine the basis of its own jurisdiction if necessary.

. The magistrate judge having determined that, based on the documents submitted by prison officials, the notice of appeal was delivered more than 30 days after the entry of judgment, Gilbert‘s notice of appeal is untimely, and his appeal is DISMISSED for lack of jurisdiction. See Fed. R. App. P. 4(a)(1);
. Gilbert‘s motion for the appointment of counsel is DENIED.

APPEAL DISMISSED; MOTION DENIED.

Notes

*
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.