Carlos Kidd v. Brad Livingston , 710 F. App'x 214 ( 2018 )

Case: 17-40912 Document: 00514325348 Page: 1 Date Filed: 01/29/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-40912
Fifth Circuit
FILED
January 29, 2018
CARLOS KIDD, Lyle W. Cayce
Clerk
Plaintiff-Appellant
v.
BRAD LIVINGSTON,
Defendant-Appellee
Appeals from the United States District Court
for the Eastern District of Texas
USDC No. 9:15-CV-126
Before HIGGINBOTHAM, JONES, and COSTA, Circuit Judges.
PER CURIAM: *
Carlos Kidd, Texas prisoner # 1079464, filed a 42 U.S.C. § 1983complaint, alleging that Brad Livingston, the former director of the Texas
Department of Criminal Justice, failed to protect him. Kidd moves for leave to
proceed in forma pauperis (IFP) to appeal the magistrate judge’s report and
recommendation.
This court must examine the basis of its jurisdiction, sua sponte, if
necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). We lack
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40912 Document: 00514325348 Page: 2 Date Filed: 01/29/2018
No. 17-40912
jurisdiction to address this appeal. See Donaldson v. Ducote, 373 F.3d 622, 624
(5th Cir. 2004); see also Colburn v. Bunge Towing, Inc., 883 F.2d 372, 379 (5th
Cir. 1989). Accordingly, we dismiss the appeal and deny Kidd’s IFP motion as
moot.
APPEAL DISMISSED; MOTION DENIED AS MOOT.
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