Moore v. Austin Police

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50451 c/w Nos. 00-50527 & 00-50571 Conference Calendar NAOMI EASLEY MOORE, Plaintiff-Appellant, versus AUSTIN POLICE DEPARTMENT; TRAVIS COUNTY DISTRICT ATTORNEY’S OFFICE; TRAVIS COUNTY MEDICAL EXAMINER; JON WISSER, 299th District Court Judge, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. A-00-CV-266-JN - - - - - - - - - - February 14, 2001 Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Naomi Easley Moore, Texas prisoner # 581658, appeals from the district court’s judgment denying her “Petition for Exhumation.” This court remanded the case to the district court for a determination whether Moore tendered for filing any document within the time allowed by Fed. R. App. P. 4 that meets the notice requirements of Fed. R. App. P. 3. The district court thereafter entered an order in which it determined that Moore had * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-50451 c/w Nos. 00-50527 & 00-50571 -2- not filed any document that could serve as a timely notice of appeal. Moore does not challenge that determination. In light of the district court’s determination on remand that Moore did not file a timely notice of appeal from the district court’s final judgment, this appeal is DISMISSED for lack of appellate jurisdiction. APPEAL DISMISSED.