Case: 09-20605     Document: 00511234515          Page: 1    Date Filed: 09/15/2010




            IN THE UNITED STATES COURT OF APPEALS
                     FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                     Fifth Circuit

                                                  FILED
                                                                        September 15, 2010
                                     No. 09-20605
                                   Summary Calendar                         Lyle W. Cayce
                                                                                 Clerk

SAMUEL ROY JACKSON,

                                                   Petitioner - Appellant

v.

RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
CORRECTIONAL INSTITUTIONS DIVISION,

                                                   Respondent - Appellee


                    Appeal from the United States District Court
                         for the Southern District of Texas
                               USDC No. 4:08-CV-443


Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
           Samuel Roy Jackson, Texas prisoner # 1268721, appeals from the
dismissal of his 28 U.S.C. § 2254 application challenging his conviction for
aggravated robbery. The appeal was untimely, and we DISMISS.
           A timely notice of appeal in a civil case is mandatory and jurisdictional
and must be filed within 30 days of the entry of the judgment or order from
which the appeal is taken. Bailey v. Cain, 

, 765 (5th Cir. 2010);


       *
         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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-20605     Document: 00511234515 Page: 2         Date Filed: 09/15/2010
                                  No. 09-20605

F ED. R. A PP. P. 4(a)(1)(A). A district court may extend the time to file a notice of
appeal if the party moves for such an extension within 30 days of the expiration
of the time to appeal. F ED. R. A PP. P. 4(a)(5). None of the documents that
Jackson filed within this time frame clearly evince an intent to appeal. See
Mosley v. Cozby, 

, 660 (5th Cir. 1987). Because Jackson failed to file
a timely notice of appeal from the district court’s dismissal of his Section 2254
application, we lack jurisdiction to consider the instant appeal, and it is
therefore DISMISSED. See 

.
      Jackson’s motion for leave to supplement his brief on appeal is DENIED.




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