Arthur Barker v. Ruth Brouwer , 582 F. App'x 540 ( 2014 )

Case: 13-40983 Document: 00512800283 Page: 1 Date Filed: 10/10/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 13-40983
Fifth Circuit
FILED
Summary Calendar October 10, 2014
Lyle W. Cayce
ARTHUR JOYAL BARKER, Clerk
Plaintiff-Appellant
v.
RUTH BROUWER, Medical Practitioner; JOYCE FRANCIS, Vocational
Nurse; THOMAS MACIEL, Registered Nurse,
Defendants-Appellees
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:12-CV-10
Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges
PER CURIAM: *
Arthur Joyal Barker, Texas prisoner # 1290750, is appealing from the
denial of his Federal Rule of Civil Procedure 60(b) motion filed in his 42 U.S.C.
§ 1983 proceeding. We must examine the basis of our jurisdiction, sua sponte,
if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). A timely
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40983 Document: 00512800283 Page: 2 Date Filed: 10/10/2014
No. 13-40983
notice of appeal is a jurisdictional requirement in a civil case. Bowles v.
Russell, 551 U.S. 205, 213-14 (2007).
Barker failed to file a timely notice of appeal following the denial of his
Rule 60(b) motion or a timely motion to extend the time to file a notice of
appeal. Consequently, we are without jurisdiction to consider the appeal. See
Williams v. Chater, 87 F.3d 702, 704-06 (5th Cir. 1996). Therefore, the appeal
is DISMISSED for lack of appellate jurisdiction. See Bowles, 551 U.S. at 214.
Barker’s motion for the appointment of counsel is DENIED.
2