Samuel Jackson v. Rick Thaler, Director

Filing

UNPUBLISHED OPINION FILED. [09-20605 Dismissed for Lack of Jurisdiction.] Judge: WED , Judge: JES , Judge: LHS. Mandate pull date is 10/06/2010; denying motion to file supplemental briefs filed by Appellant Mr. Samuel Roy Jackson [6614047-2] [09-20605]

Samuel Jackson v. Rick Thaler, Director

Doc. 0

Case: 09-20605

Document: 00511234515

Page: 1

Date Filed: 09/15/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-20605 S u m m a r y Calendar September 15, 2010 Lyle W. Cayce Clerk

S A M U E L ROY JACKSON, P e t it io n e r - Appellant v. R IC K THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, C O R R E C T I O N A L INSTITUTIONS DIVISION, R e s p o n d e n t - Appellee

A p p e a l from the United States District Court fo r the Southern District of Texas U S D C No. 4:08-CV-443

B e fo r e DAVIS, SMITH, and SOUTHWICK, Circuit Judges. P E R CURIAM:* S a m u e l Roy Jackson, Texas prisoner # 1268721, appeals from the d is m is s a l of his 28 U.S.C. § 2254 application challenging his conviction for a g g r a v a t e d robbery. The appeal was untimely, and we DISMISS. A timely notice of appeal in a civil case is mandatory and jurisdictional a n d must be filed within 30 days of the entry of the judgment or order from w h ic h the appeal is taken. Bailey v. Cain, 609 F.3d 763, 765 (5th Cir. 2010);

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*

Dockets.Justia.com

Case: 09-20605

Document: 00511234515 Page: 2 No. 09-20605

Date Filed: 09/15/2010

F ED. R. APP. P. 4(a)(1)(A). A district court may extend the time to file a notice of a p p e a l if the party moves for such an extension within 30 days of the expiration o f the time to appeal. FED. R. APP. P. 4(a)(5). None of the documents that J a c k s o n filed within this time frame clearly evince an intent to appeal. See M o s le y v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Because Jackson failed to file a timely notice of appeal from the district court's dismissal of his Section 2254 a p p l ic a tio n , we lack jurisdiction to consider the instant appeal, and it is t h e r e fo r e DISMISSED. See Bailey, 609 F.3d at 767. J a c k s o n 's motion for leave to supplement his brief on appeal is DENIED.

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