No. 99-40784
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40784
Conference Calendar
RAUL GOMEZ ET AL.,
Plaintiffs,
ERIC GLEN CHACHERE,
Plaintiff-Appellant,
versus
W. WARNER, Senior Warden; O. PEREZ,
Assistant Warden; BALLARD, Health
Administrator; WAYNE SCOTT, Director,
Texas Department of Criminal Justice-
Institutional Division,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-93-CV-115
--------------------
April 11, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Eric Glen Chachere, Texas prisoner no. 583557, appeals the
judgment based upon the jury’s verdict for the defendants
rendered in his 42 U.S.C. § 1983 civil rights case.
Although neither party has questioned appellate
jurisdiction, this court, if necessary, must sua sponte examine
*
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that this opinion should not be published and is not precedent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. 99-40784
-2-
the basis of its jurisdiction. Williams v. Chater, 87 F.3d 702,
704 (5th Cir. 1996); Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir.
1987). A timely notice of appeal is necessary to the exercise of
appellate jurisdiction. United States v. Cooper, 135 F.3d 960,
961 (5th Cir. 1998). Chachere’s first attempt to file a notice
of appeal was ineffective because the request for appeal was
secondary to his request to set aside judgment and for a new
trial. See Mosley, 813 F.2d at 660; see also Page v. DeLaune,
837 F.2d 233, 236-37 (5th Cir. 1988).
Chachere’s second notice of appeal was not timely to appeal
the underlying judgment or order denying his motion to set aside
the judgment. See Fed. R. App. P. 4(a)(1)(A). It is timely only
as to the district court’s denial of Chachere’s motion to
reconsider a ruling the magistrate judge made denying Chachere an
extension of time to file materials in support of his first
notice of appeal. Given that the first notice of appeal was
ineffective, the issue is moot. Chachere has thus filed no
effective notice of appeal, and his appeal is dismissed for lack
of jurisdiction.
APPEAL DISMISSED FOR LACK OF JURISDICTION.