Daniel v. Parker

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 10, 2000
• Docket: 99-60645
• Status: Unpublished

Opinion

No. 99-60645 -1-

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-60645 Summary Calendar

EDWARD DANIEL,

Plaintiff-Appellant,

versus

JIMMY PARKER, Warden at Parchman; JAMES ANDERSON; WALTER BOOKER; ANN LEE; “UNKNOWN” ADAMS, Unit 32-C Case Worker; F. BROGG, Unit 32-C Case Worker; CHARLES HAMPTON, Classification Director; GRAY EVANS; R. SCOTT; W. RILEY,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:99-CV-170-P-A -------------------- March 3, 2000

Before JONES, DUHÉ, and DeMOSS, Circuit Judges.

PER CURIAM:*

Edward Daniel, Mississippi state prisoner # 42550, seeks to

appeal the dismissal of his civil rights complaint, which was

dismissed as barred by the doctrine of res judicata. 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).

Daniel’s post-judgment motion filed September 14, 1999, primarily

sought reconsideration of the district court’s dismissal of his

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 99-60645 -2-

civil rights complaint and, therefore, did not clearly evince an

intent to appeal. See id. Thus, it is insufficient to invoke

this court’s jurisdiction. See id. A timely notice of appeal is

a prerequisite to the exercise of jurisdiction by this court.

United States v. Carr, 979 F.2d 51, 55 (5th Cir. 1992). Daniel

has not filed a timely notice of appeal from the district court’s

judgment dismissing his civil rights complaint. We therefore

cannot exercise jurisdiction over the appeal.

DISMISSED.