Hicks v. Pinney, No. 21-50691 (5th Cir. 2022)

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Case: 21-50691 Document: 00516270514 Page: 1 Date Filed: 04/06/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED April 6, 2022 No. 21-50691 Summary Calendar Lyle W. Cayce Clerk Robert Lee Hicks, Plaintiff—Appellant, versus Warden Kevin Pinney; Major Jason Zeisloft; Sergeant James Vanderpool; John Doe (1 thru 32), TDCJ Employees; Brian Collier, Executive Director of TDCJ, Defendants—Appellees. Appeal from the United States District Court for the Western District of Texas USDC No. 6:21-CV-171 Before Elrod, Oldham and Wilson, Circuit Judges. Per Curiam:* Robert Lee Hicks, Texas prisoner # 1811716, has filed a motion for leave to proceed in forma pauperis (IFP) on appeal from the district court’s * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-50691 Document: 00516270514 Page: 2 Date Filed: 04/06/2022 No. 21-50691 dismissal of his 42 U.S.C. § 1983 lawsuit as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B). Because Hicks’s notice of appeal is untimely, we lack jurisdiction. See Fed. R. App. P. 4(a)(1)(A); see also Bowles v. Russell, 551 U.S. 205, 214 (2007). Accordingly, the appeal is DISMISSED for lack of jurisdiction. Hicks’s motion for leave to proceed IFP on appeal is DENIED. 2

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