IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41451
(Summary Calendar)
VERNON JACKSON,
Plaintiff-Appellant,
versus
DEFENDANTS, Unidentified,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
(6:97-CV-556)
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January 7, 1999
Before JOLLY, SMITH, and WIENER, Circuit Judges:
PER CURIAM:*
Plaintiff-Appellant Vernon Jackson seeks leave to file an out-
of-time appeal of the district court’s dismissal, pursuant to 42
U.S.C. § 1997e(a), of his civil rights complaint for failure to
exhaust administrative remedies. We must examine the basis of our
own jurisdiction if necessary. Mosley v. Cozby, 813 F.2d 659, 660
(5th Cir. 1987). On remand from this court, the magistrate judge
confirmed that Jackson’s notice of appeal was filed more than 30
days after the entry of judgment. It is therefore untimely. As
Jackson does not contend that he did not receive timely notice of
*
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that this opinion should not be published and is not precedent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.
entry of the final judgment, and as he did not file his request for
an out-of-time appeal until after the 30-day period expired, there
is no statutory basis for allowing him an out-of-time appeal. See
Fed. R. App. P. 4(a)(5) and (6). Jackson’s motion for leave to
file an out-of-time appeal is DENIED, and his appeal is DISMISSED
for lack of jurisdiction. See Fed. R. App. P. 4(a)(1); Mosley, 813
F.2d at 660. Jackson’s request for appointment of counsel is
DENIED.
MOTIONS DENIED; APPEAL DISMISSED.
2