Manning v. Church

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 26, 2025
• Docket: 25-10603
• Status: Unpublished

Opinion

Case: 25-10603 Document: 53-1 Page: 1 Date Filed: 12/26/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-10603 Summary Calendar FILED ____________ December 26, 2025 Lyle W. Cayce Kevin James Manning, Clerk

Plaintiff—Appellant,

versus

FNU Church; City of Kaufman Police Department; Joseph Russell; Kaufman County Sheriff’s Department; Kaufman County Courthouse; Lancaster Police Department,

Defendants—Appellees. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:23-CV-1209 ______________________________

Before Jones, Richman, and Ramirez, Circuit Judges. Per Curiam: * Kevin James Manning appeals from the district court’s dismissal of his 42 U.S.C. § 1983 complaint as frivolous. He moves for leave to proceed in forma pauperis on appeal as a strike-barred litigant, for “leave of court to

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-10603 Document: 53-1 Page: 2 Date Filed: 12/26/2025

file [an] action,” and for an investigation of judges, police officers, and his businesses. We must examine the basis of our jurisdiction, sua sponte, if necessary. See Perez v. Stephens, 784 F.3d 276, 280 (5th Cir. 2015). Because Manning’s notice of appeal is untimely, we lack jurisdiction. See Fed. R. App. P. 4(a)(1)(A); see also Hamer v. Neighborhood Hous. Servs. of Chicago, 583 U.S. 17, 20 (2017); Bowles v. Russell, 551 U.S. 205, 214 (2007). The appeal is DISMISSED for lack of jurisdiction, and Manning’s motions are DENIED as moot.