Filed: Apr. 25, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-20552 Document: 00514930141 Page: 1 Date Filed: 04/25/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-20552 FILED April 25, 2019 Summary Calendar Lyle W. Cayce Clerk CHARLES E. LUSK, Plaintiff-Appellant v. CARLISIETTA R. WARNER, Sergeant, O.B. Ellis I Unit; ALICIA SCOTT, Property Officer, O.B. Ellis I Unit, Defendants-Appellees Appeal from the United States District Court for the Southern District of Texas USDC No. 4:1
Summary: Case: 18-20552 Document: 00514930141 Page: 1 Date Filed: 04/25/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-20552 FILED April 25, 2019 Summary Calendar Lyle W. Cayce Clerk CHARLES E. LUSK, Plaintiff-Appellant v. CARLISIETTA R. WARNER, Sergeant, O.B. Ellis I Unit; ALICIA SCOTT, Property Officer, O.B. Ellis I Unit, Defendants-Appellees Appeal from the United States District Court for the Southern District of Texas USDC No. 4:18..
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Case: 18-20552 Document: 00514930141 Page: 1 Date Filed: 04/25/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-20552
FILED
April 25, 2019
Summary Calendar
Lyle W. Cayce
Clerk
CHARLES E. LUSK,
Plaintiff-Appellant
v.
CARLISIETTA R. WARNER, Sergeant, O.B. Ellis I Unit; ALICIA SCOTT,
Property Officer, O.B. Ellis I Unit,
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:18-CV-831
Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges.
PER CURIAM: *
Charles E. Lusk, Texas prisoner # 1964427, has appealed the dismissal
of his civil rights complaint. 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 in a civil case is a jurisdictional
prerequisite when, as here, the time limit is set by statute. See Hamer v.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 18-20552 Document: 00514930141 Page: 2 Date Filed: 04/25/2019
No. 18-20552
Neighborhood Hous. Servs. of Chicago,
138 S. Ct. 13, 17 (2017); Bowles v.
Russell,
551 U.S. 205, 214 (2007); 28 U.S.C. § 2107(a).
Lusk had to file a notice of appeal within 30 days of entry of the judgment
on May 8, 2018. See § 2107(a); FED. R. APP. P. 4(a)(1)(A). Because Lusk filed
his notice of appeal no earlier than August 2, 2018, his appeal is untimely, and
this court lacks jurisdiction. See
Hamer, 138 S. Ct. at 17. The appeal is
DISMISSED.
2