United States v. Morris

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 4, 2022
• Docket: 21-50885
• Status: Unpublished

Opinion

Case: 21-50885 Document: 00516225862 Page: 1 Date Filed: 03/04/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED March 4, 2022 No. 21-50885 Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee,

versus

Carol Johnene Morris,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 7:97-CR-10

Before Smith, Higginson, and Willett, Circuit Judges. Per Curiam:* Carol Morris filed a notice of appeal (“NOA”) on September 13, 2021. We must examine the basis of our jurisdiction. See Hill v. City of Seven Points, 230 F.3d 167, 169 (5th Cir. 2000). The NOA fails to designate the judgment or order that Morris wants

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin- ion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-50885 Document: 00516225862 Page: 2 Date Filed: 03/04/2022

No. 21-50885

this court to review. The NOA does not comply with Rule 3(c)(1)(B) of the Federal Rules of Appellate Procedure, which requires that the NOA identify the judgment or appealable order from which the appeal is taken. See Fed. R. App. P. 3(c)(1)(B); Smith v. Barry, 502 U.S. 244, 248 (1992). We do not have jurisdiction over Morris’s appeal, which is therefore DISMISSED. Morris’s motion to proceed in forma pauperis on appeal is DENIED as moot.