Arturo Hernandez v. William Stephens, Director, No. 14-51045 (5th Cir. 2015)
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Case: 14-51045 Document: 00513265194 Page: 1 Date Filed: 11/10/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-51045 Summary Calendar FILED November 10, 2015 Lyle W. Cayce Clerk ARTURO HERNANDEZ, Petitioner-Appellant v. WILLIAM STEPHENS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent-Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 5:14-CV-504 Before CLEMENT, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM: * Arturo Hernandez, Texas prisoner # 1040662, seeks a certificate of appealability (COA) to appeal the time-bar dismissal of his 28 U.S.C. § 2254 application, which challenged his conviction of aggravated robbery. “This Court must examine the basis of its jurisdiction, on its own motion, if necessary.” Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir.1987). A timely 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-51045 Document: 00513265194 Page: 2 Date Filed: 11/10/2015 No. 14-51045 notice of appeal is a jurisdictional requirement in a civil case. Bowles v. Russell, 551 U.S. 205, 214 (2007). Hernandez had 30 days, or until September 3, 2014, to file a timely notice of appeal. See FED. R. APP. P. 4(a)(1)(A). He did not file a notice of appeal until after the appeal period expired. He also does not certify that he placed his notice of appeal in the prison mail system “on or before the last day for filing.” See FED. R. APP. P. 25(a)(2)(C). Indeed, his COA itself is dated after the 30-day deadline. Because Hernandez did not file a timely notice of appeal, this appeal is dismissed for lack of jurisdiction. See Bowles, 551 U.S. at 214. COA DENIED; APPEAL DISMISSED. 2
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