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Jerry Castillo, Jr. v. David Munoz
682 F. App'x 297
| 5th Cir. | 2017
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Docket

*1 Before JOLLY, DAVIS, and SOUTHWICK, Circuit Judges.

PER CURIAM: [*]

Jerry Castillo, Jr., Texas prisoner # 2074055, has filed a motion for leave to proceed in forma pauperis (IFP) to appeal the district court’s denial of his motion for relief from judgment under Federal Rule of Civil Procedure 60(b). He has also filed motions for the appointment of counsel and production of certain documents.

*2 Case: 15-50878 Document: 00513916664 Page: 2 Date Filed: 03/17/2017

No. 15-50878

“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). A timely notice of appeal is a jurisdictional requirement in a civil case. Bowles v. Russell , 551 U.S. 205, 214 (2007). Castillo had 30 days, or until April 8, 2015, to file a timely notice of appeal. See F ED . R. A PP . P. 4(a)(1)(A). He did not file a notice of appeal until well after this appeal period expired. The untimely notice of appeal could not be construed as a motion for an extension of time. See F ED . R. A PP . P. 4(a)(5)(A); Henry v. Estelle , 688 F.2d 407, 407 (5th Cir. 1982). Castillo’s subsequent motion for leave to proceed IFP and the denial thereof do not affect the untimeliness of this appeal. See Briggs v. Lucas , 678 F.2d 612, 613 (5th Cir. 1982).

Accordingly, the appeal is DISMISSED for lack of jurisdiction, and Castillo’s motions are DENIED AS MOOT.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: Jerry Castillo, Jr. v. David Munoz
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Mar 17, 2017
Citation: 682 F. App'x 297
Docket Number: 15-50878
Court Abbreviation: 5th Cir.
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