USA v. Manuel Lujan, No. 13-11286 (5th Cir. 2014)

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Case: 13-11286 Document: 00512879188 Page: 1 Date Filed: 12/22/2014 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-11286 Summary Calendar December 22, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MANUEL D. LUJAN, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 2:03-CR-47-10 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * Manuel D. Lujan, federal prisoner # 30527-177, appeals the denial of his purported Federal Rule of Civil Procedure 60(b)(4) motion. A timely notice of appeal is mandatory and jurisdictional in a civil case. Bowles v. Russell, 551 U.S. 205, 213-14 (2007). Even in a criminal case, compliance with the time requirements is mandatory and may be enforced by the court. United States v. Leijano-Cruz, 473 F.3d 571, 574 (5th Cir. 2006). We previously remanded to 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-11286 Document: 00512879188 Page: 2 Date Filed: 12/22/2014 No. 13-11286 the district court for it to determine whether Lujan delivered the notice of appeal from the denial of his motion to prison officials on or before July 2, 2013. The district court found no competent evidence that it was. Because Lujan failed to file a timely notice of appeal, the appeal is DISMISSED. Lujan’s motion for the appointment of counsel is DENIED. 2

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