Cox v. Williams ( 2000 )


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  •                IN THE UNITED STATES COURT OF APPEALS
                           FOR THE FIFTH CIRCUIT
    
    
    
                                No. 99-50581
                            Conference Calendar
    
    
    
    CHESTER LEE COX,
    
                                             Plaintiff-Appellant,
    
    versus
    
    J.D. WILLIAMS, Warden, Travis County
    State Jail; K.W. WILLIAMS, Assistant Warden,
    Travis County State Jail; CAPTAIN BOOKER,
    First Shift Supervisor, Travis County State
    Jail; LIEUTENANT JENKINS; J. REESE, Sergeant,
    Travis County State Jail; CAPTAIN BENGHAM;
    SERGEANT CANNON; CORRECTIONAL OFFICER MILLORD;
    CORRECTIONAL OFFICER COOL; LIEUTENANT RENIESKIE;
    FUSSELL, Inmate; ERICK WRIGHT; LIL’ K, Inmate;
    BOOTSY; JOHN DOE,
    
                                             Defendants-Appellees.
    
                           --------------------
              Appeal from the United States District Court
                    for the Western District of Texas
                         USDC No. A-98-CV-735-JN
                           --------------------
                               June 14, 2000
    
    Before JOLLY, DAVIS, and STEWART, Circuit Judges.
    
    PER CURIAM:*
    
         Chester Lee Cox, Texas prisoner #766968, appeals the
    
    summary-judgment dismissal of his pro se, in forma pauperis 42
    
    U.S.C. § 1983 complaint.   Federal Rule of Appellate Procedure
    
    4(a)(1) requires the notice of appeal in a civil action to be
    
    
         *
            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    that this opinion should not be published and is not precedent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.
                              No. 99-50581
                                   -2-
    
    filed within thirty days of the entry of a final judgment.    A
    
    timely notice of appeal is a prerequisite to the exercise of
    
    jurisdiction by this court.   Nelson v. Foti, 
    707 F.2d 170
    , 171
    
    (5th Cir. 1983).
    
         Cox did not file a notice of appeal within thirty days of
    
    the entry of the district court’s final judgment.    The last day
    
    for filing a timely notice of appeal from the denial of his
    
    § 1983 complaint was, at the latest, May 27, 1999.    Therefore,
    
    his notice of appeal filed on June 7, 1999, was not timely.
    
    Cox’s appeal is DISMISSED for lack of jurisdiction.    His motions
    
    for (1) preliminary injunction and temporary restraining order;
    
    (2) appointment of counsel; and (3) relief from judgment are
    
    DENIED as MOOT.
    
         APPEAL DISMISSED; MOTIONS DENIED AS MOOT.
    

Document Info

DocketNumber: 99-50581

Filed Date: 6/19/2000

Precedential Status: Non-Precedential

Modified Date: 12/21/2014