Manning v. Federal Government

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 16, 2025
• Docket: 25-50440
• Status: Unpublished

Opinion

Case: 25-50440 Document: 29-1 Page: 1 Date Filed: 12/16/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED December 16, 2025 No. 25-50440 Summary Calendar Lyle W. Cayce ____________ Clerk

Kevin James Manning,

Plaintiff—Appellant,

versus

Federal Government of the United States; Donald Trump Administration; Joe Biden Administration; Congress of the United States of America,

Defendants—Appellees. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 1:23-CV-1123 ______________________________

Before Southwick, Duncan, and Engelhardt, Circuit Judges. Per Curiam:* Kevin James Manning, former Texas prisoner # 2458368, appeals from the district court’s dismissal of his complaint as malicious and frivolous. He moves for leave to proceed in forma pauperis (IFP) on appeal as a strike- barred litigant.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-50440 Document: 29-1 Page: 2 Date Filed: 12/16/2025

No. 25-50440

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)(B); see also Hamer v. Neighborhood Hous. Servs. of Chicago, 583 U.S. 17, 20 (2017); Bowles v. Russell, 551 U.S. 205, 214 (2007). Accordingly, the appeal is DISMISSED for lack of jurisdiction. Manning’s motion for leave to proceed IFP on appeal is DENIED as moot.