Ruben Anderson v. Walter, et al, No. 15-40002 (5th Cir. 2015)

Annotate this Case

Download PDF

Case: 15-40002 Document: 00513296014 Page: 1 Date Filed: 12/04/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 15-40002 FILED December 4, 2015 Lyle W. Cayce Clerk RUBEN SOLIS ANDERSON, Plaintiff-Appellant v. MS. FNU WALTER, Head of Classification Department; G.I. DEPARTMENT, All Sergeants, Lieutenants, Correctional Officers, and Mr. Canno; CAPTAIN FNU OAKES, Segregation Department; CAPTAIN F. GOODEN, Segregation Department; MAJOR FNU ALEXANDER, Segregation Department, et al., Defendants-Appellees Appeal from the United States District Court for the Eastern District of Texas USDC No. 5:14-CV-131 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM: * Ruben Solis Anderson, Texas prisoner # 596151, moves this court for authorization to proceed in forma pauperis (IFP) following the district court’s dismissal of his 42 U.S.C. § 1983 action. This court has a duty to examine the basis of its jurisdiction, sua sponte, if necessary. Mosley v. Cozby, 813 F.2d 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-40002 Document: 00513296014 Page: 2 Date Filed: 12/04/2015 No. 15-40002 659, 660 (5th Cir. 1987). A timely notice of appeal is a jurisdictional requirement in a civil case. Bowles v. Russell, 551 U.S. 205, 213-14 (2007). Anderson’s notice of appeal was untimely because it was filed over 30 days after entry of final judgment. See FED. R. APP. P. 4(a)(1)(A); Smith v. Mine Safety Appliances Co., 691 F.2d 724, 725 (5th Cir. 1982). Federal Rule of Appellate Procedure 4(a)(5)(A) does not assist Anderson with respect to the untimeliness of his notice of appeal. Given the foregoing, this appeal must be dismissed for lack of jurisdiction. APPEAL DISMISSED; MOTION 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.