Buckner v. West Tallahatchie School District

Opinion

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals Fifth Circuit No. 22-60391 FILED August 18, 2022

Mark S. Buckner, Sr., Lyle W. Cayce Clerk

Plaintiff—Appellant,

versus

West Tallahatchie School District; Christopher Furdge, Superintendent; Devora Berdin, Principal; Madalyn Johnson, Business Manager; Gloria Carter, President of Board; Tracey Mims, Board Secretary; Lucinda Berryhill, Board Member; Cora Hooper, Board Member; Marvin George, Board Member,

Defendants—Appellees.

______________________________

Appeal from the United States District Court for the Northern District of Mississippi USDC No. 3:19-CV-264 ______________________________

Before King, Engelhardt, and Oldham, Circuit Judges Per Curiam: This court must examine the basis of its jurisdiction, on its own motion if necessary. Hill v. City of Seven Points, 230 F.3d 167, 169 (5th Cir. 2000). Pursuant to 28 U.S.C. § 2107(a) and Federal Rule of Appellate No. 22-60391 Procedure 4(a)(1)(A), the notice of appeal in a civil case must be filed within thirty days of entry of judgment. In this civil rights action, the district court entered final judgment dismissing the complaint on June 2, 2022. Therefore, the final day for filing a timely notice of appeal was Tuesday, July 6, 2022, because the thirtieth day was a Saturday, and the following Monday was a federal holiday. See Fed. R. App. P. 26(a)(1)(C). Plaintiff’s notice of appeal was filed on July 12, 2022. When set by statute, the time limitation for filing a notice of appeal in a civil case is jurisdictional. Hamer v. Neighborhood Hous. Servs. of Chi., 138 S. Ct. 13, 17 (2017); Bowles v. Russell, 551 U.S. 205, 214 (2007). The lack of a timely notice mandates dismissal of the appeal. United States v. Garcia- Machado, 845 F.2d 492, 493 (5th Cir. 1988). Accordingly, the appeal is DISMISSED for want of jurisdiction.