UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 97-10704
Summary Calendar
_____________________
JAMES ERIC LOFTON,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT
OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION;
RONNIE CANNON, GARMENT FACTORY, IND-SUPERVISOR;
JAIME QUINTANILLA; TERRY H. WORDEN; SAMMY G.
GOMEZ; ERIC HAMILTON; DARREN D. PORTER; MARIANNE
MUNSELLE; JOHN DOE, DEPUTY DIRECTOR,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:96-CV-253-BA
March 6, 1998
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
James Eric Lofton, Texas prisoner #616132, appeals the
dismissal of his 42 U.S.C. § 1983 action. FED. R. APP. P. 4(a)(1)
requires that a notice of appeal be filed within 30 days of the
entry of final judgment in a civil action. Of course, a timely
notice of appeal is a prerequisite to the exercise of jurisdiction
*
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that this opinion should not be published and is not precedent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.
by this court. See, e.g., United States v. Carr, 979 F.2d 51, 55
(5th Cir. 1992); United States v. Merrifield, 764 F.2d 436, 437
(5th Cir. 1985). Final judgment was entered in this action on 29
April 1997. Lofton’s notice of appeal was not filed until 23 June
1997. Consequently, because, as conceded by Lofton, his notice of
appeal was not timely, Lofton’s appeal is DISMISSED for lack of
jurisdiction.
Lofton has filed the following motions: for appointment of
counsel, to expedite the appeal, to file supplemental briefs, to
hold a disciplinary hearing, to obtain the name of the appellees’
attorney, and a motion to expedite a ruling on his motions. In the
light of our dismissal of his appeal, Lofton’s motions are DENIED.
APPEAL DISMISSED; MOTIONS DENIED.
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