IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50144
Summary Calendar
FREDDIE CARTER,
Plaintiff-Appellant,
versus
FREESTONE COUNTY JAIL, FAIRFIELD, TX;
SONNY SESSION, Sheriff; STEVEN NEAL,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-97-CV-265
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September 3, 1998
Before JOLLY, SMITH and WIENER, Circuit Judges.
PER CURIAM:*
Freddie Carter, Texas inmate # 637184, requests permission
to proceed in forma pauperis (IFP) on appeal. The motion is
DENIED. The case is REMANDED, and the district court is directed
to assess the appellate filing fee and order the payment of the
filing fee in compliance with the Prison Litigation Reform Act
(PLRA). See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).
*
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that this opinion should not be published and is not precedent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. 98-50144
-2-
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). “The time limitation for filing a notice of appeal
is jurisdictional and lack of a timely notice mandates dismissal
of an appeal.” Robbins v. Maggio, 750 F.2d 405, 408 (5th Cir.
1985)(citations omitted).
Carter did not file his notice of appeal within 30 days of
entry of the district court’s order dismissing his lawsuit. See
Fed. R. App. P. 4(a)(1). Accordingly, we are without
jurisdiction, and the appeal is DISMISSED.
MOTION DENIED; APPEAL DISMISSED; REMANDED FOR FURTHER
PROCEEDINGS IN CONNECTION WITH PLRA COMPLIANCE.