Richard Nichols v. Ron Hickman

Filing

UNPUBLISHED OPINION FILED. [16-20800 Dismissed for Lack of Jurisdiction] Judge: PEH , Judge: EHJ , Judge: JES; denying motion to appoint counsel filed by Appellant Mr. Richard B. Nichols [8600540-2] [16-20800]

Case: 16-20800

Document: 00514204528

Page: 1

Date Filed: 10/20/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-20800
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
October 20, 2017
Lyle W. Cayce
Clerk

RICHARD B. NICHOLS,
Plaintiff-Appellant
v.
RON HICKMAN, Sheriff,
Defendant-Appellee
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:16-CV-192
Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *

Richard B. Nichols, a former inmate at the Harris County, Texas, jail,
appeals the dismissal of his 42 U.S.C. § 1983 complaint as frivolous pursuant
to 28 U.S.C. § 1915(e)(2)(B)(i). He requests appointment of counsel.
“[T]he timely filing of a notice of appeal in a civil case is a jurisdictional
requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007). In a civil matter, a
notice of appeal must be filed within 30 days of entry of the judgment or order

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-20800

Document: 00514204528

Page: 2

Date Filed: 10/20/2017

No. 16-20800
being appealed. FED. R. APP. P. 4(a)(1)(A). Nichols’s notice of appeal was not
filed within that period. See id. Although his notice of appeal was filed within
the 30-day period to request an extension of time based on excusable neglect
or good cause, see FED. R. APP. P. 4(a)(5)(A), we have not deemed it as such a
request because Nichols did not provide any explanation for his untimely filing.
See Henry v. Estelle, 688 F.2d 407, 407 (5th Cir. 1982).
Accordingly, the appeal is DISMISSED FOR LACK OF JURISDICTION.
Nichols’s request for appointment of counsel is DENIED AS MOOT.

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