Templeton v. Tarrant County Jail

Filing 920071024

Opinion

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 05-11148 Conference Calendar October 24, 2007 Charles R. Fulbruge III Clerk ERIC J TEMPLETON Plaintiff-Appellant v. TARRANT COUNTY JAIL, Medical Facility Defendant-Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 4:05-CV-121 Before JOLLY, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* Eric J. Templeton, Texas prisoner # 1285304, appeals the dismissal of his 42 U.S.C. 1983 complaint for failure to comply with the district court's order that he file an amended complaint. He also appeals the district court's order denying his motion to abate the judgment. A timely notice of appeal in a civil case is mandatory and jurisdictional. Bowles v. Russell, 127 S. Ct. 2360, 2363-66 (2007). Templeton did not file a 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-11148 timely notice of appeal. See FED. R. APP. P. 4(a). Accordingly, this court lacks jurisdiction over the appeal. See Bowles, 127 S. Ct. at 2363-66. APPEAL DISMISSED. 2

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