No. 99-60645
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-60645
Summary Calendar
EDWARD DANIEL,
Plaintiff-Appellant,
versus
JIMMY PARKER, Warden at Parchman;
JAMES ANDERSON; WALTER BOOKER; ANN LEE;
“UNKNOWN” ADAMS, Unit 32-C Case Worker;
F. BROGG, Unit 32-C Case Worker; CHARLES
HAMPTON, Classification Director; GRAY
EVANS; R. SCOTT; W. RILEY,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:99-CV-170-P-A
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March 3, 2000
Before JONES, DUHÉ, and DeMOSS, Circuit Judges.
PER CURIAM:*
Edward Daniel, Mississippi state prisoner # 42550, seeks to
appeal the dismissal of his civil rights complaint, which was
dismissed as barred by the doctrine of res judicata. 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).
Daniel’s post-judgment motion filed September 14, 1999, primarily
sought reconsideration of the district court’s dismissal of his
*
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that this opinion should not be published and is not precedent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. 99-60645
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civil rights complaint and, therefore, did not clearly evince an
intent to appeal. See id. Thus, it is insufficient to invoke
this court’s jurisdiction. See id. A timely notice of appeal is
a prerequisite to the exercise of jurisdiction by this court.
United States v. Carr, 979 F.2d 51, 55 (5th Cir. 1992). Daniel
has not filed a timely notice of appeal from the district court’s
judgment dismissing his civil rights complaint. We therefore
cannot exercise jurisdiction over the appeal.
DISMISSED.