Eric Flores v. Lorie Davis, Director

Filing

UNPUBLISHED OPINION ORDER FILED. [16-20623 Dismissed for Lack of Jurisdiction] Judge: EGJ, Judge: JES, Judge: CH; denying motion to proceed IFP in accordance with PLRA filed by Appellant Mr. Eric Flores [8336957-2] [16-20623]

Case: 16-20623

Document: 00514142871

Page: 1

Date Filed: 09/05/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 16-20623

FILED
September 5, 2017
Lyle W. Cayce
Clerk

ERIC FLORES,
Plaintiff-Appellant
v.

LORIE DAVIS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Defendant-Appellee
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:16-CV-2110
Before JOLLY, SMITH, and HAYNES, Circuit Judges.
PER CURIAM: *
Eric Flores, Texas prisoner # 2051801, moves for in forma pauperis (IFP)
status to appeal the district court’s dismissal of his 42 U.S.C. § 1983 complaint
on the basis of the three-strikes bar in 28 U.S.C. § 1915(g). However, as there
is no timely notice of appeal in this case, 1 we lack jurisdiction to consider
Flores’s claims. See Bowles v. Russell, 551 U.S. 205, 214 (2007). Accordingly,
this case is DISMISSED with prejudice. Flores’s motion for IFP is DENIED.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

The notice of appeal was received one week after the deadline with an illegible
postmark. By order dated August 3, 2017, we gave Flores the opportunity to provide evidence
of timely mailing of his notice of appeal. He failed to do so by the deadline given.
1