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The King/Morocco v. Matt Bowers Nissan ( 2020 )


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  •      Case: 19-30425      Document: 00515310558         Page: 1    Date Filed: 02/14/2020
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 19-30425                          February 14, 2020
Summary Calendar
Lyle W. Cayce
Clerk
THE KING/MOROCCO,
Plaintiff-Appellant
v.
MATT BOWERS NISSAN,
Defendant-Appellee
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 2:18-CV-8957
Before JONES, HIGGINSON, and OLDHAM, Circuit Judges.
PER CURIAM: *
The King/Morocco moves for leave to proceed in forma pauperis (IFP) in
this appeal. By moving this court for leave to proceed IFP, The King/Morocco
is challenging the district court’s determination that his appeal is not taken in
good faith. Baugh v. Taylor,
    117 F.3d 197
    , 202 (5th Cir. 1997).
“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). We do not
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-30425    Document: 00515310558      Page: 2   Date Filed: 02/14/2020
No. 19-30425
have jurisdiction to address The King/Morocco’s appeal of the magistrate
judge’s order revoking his IFP status. 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).   In addition, an untimely notice of appeal in a civil case
deprives this court of jurisdiction. Bowles v. Russell,
    551 U.S. 205
    , 213-14
(2007). Because The King/Morocco did not file a timely notice of appeal, this
court lacks jurisdiction over the instant appeal.      See id.; FED. R. APP. P.
4(a)(1)(A).
Accordingly, the appeal is DISMISSED for lack of jurisdiction. The IFP
motion is DENIED as moot. King is WARNED that future frivolous, repetitive,
or otherwise abusive filings will invite the imposition of sanctions, which may
include dismissal, monetary sanctions, and restrictions on his ability to file
pleadings in this court and any court subject to this court’s jurisdiction.
2