History
  • No items yet
midpage
Richard Nichols v. Ron Hickman
699 F. App'x 330
| 5th Cir. | 2017
|
Check Treatment
|
Docket

*1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PER CURIAM: [*]

Richard B. Nichols, a former inmate at the Harris County, Texas, jail, appeals the dismissal of his 42 U.S.C. § 1983 complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). He requests appointment of counsel.

“[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell , 551 U.S. 205, 214 (2007). In a civil matter, a notice of appeal must be filed within 30 days of entry of the judgment or order *2 Case: 16-20800 Document: 00514204528 Page: 2 Date Filed: 10/20/2017

No. 16-20800

being appealed. F ED . R. A PP . P. 4(a)(1)(A). Nichols’s notice of appeal was not filed within that period. See id. Although his notice of appeal was filed within the 30-day period to request an extension of time based on excusable neglect or good cause, see F ED . R. A PP . P. 4(a)(5)(A), we have not deemed it as such a request because Nichols did not provide any explanation for his untimely filing. See Henry v. Estelle , 688 F.2d 407, 407 (5th Cir. 1982).

Accordingly, the appeal is DISMISSED FOR LACK OF JURISDICTION.

Nichols’s request for appointment of counsel is 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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: Richard Nichols v. Ron Hickman
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Oct 20, 2017
Citation: 699 F. App'x 330
Docket Number: 16-20800 Summary Calendar
Court Abbreviation: 5th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.