Odis Banks v. Lupe Valdez, No. 17-10547 (5th Cir. 2018)

 Annotate this Case
Download PDF
Case: 17-10547 Document: 00514395536 Page: 1 Date Filed: 03/21/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-10547 Summary Calendar United States Court of Appeals Fifth Circuit FILED March 21, 2018 Lyle W. Cayce Clerk ODIS BANKS, Plaintiff-Appellant v. LUPE VALDEZ, Dallas County Sheriff, Defendant-Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CV-3340 Before DENNIS, SOUTHWICK and HIGGINSON, Circuit Judges. PER CURIAM: * Seeking to appeal the district court’s dismissal of his 42 U.S.C. § 1983 action against Dallas County Sheriff Lupe Valdez, Odis Banks, Texas prisoner # 1717887, moves this court for leave to proceed in forma pauperis (IFP) and for the appointment of counsel. As a threshold matter, this court must determine whether it has jurisdiction to entertain Banks’s appeal. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). “[T]he timely filing of a notice of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-10547 Document: 00514395536 Page: 2 Date Filed: 03/21/2018 No. 17-10547 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 being appealed. FED. R. APP. P. 4(a)(1)(A). The district court entered its judgment dismissing Banks’s complaint on December 29, 2015. The notice of appeal giving rise to this appeal is dated May 5, 2017. As Banks’s notice of appeal is untimely, his IFP motion is DENIED, and the appeal is DISMISSED for lack of jurisdiction. See FED. R. APP. P. 4(a)(1)(A); Bowles, 551 U.S. at 214. Banks’s motion for appointment of counsel is also DENIED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.