Case: 13-60343 Document: 00512590023 Page: 1 Date Filed: 04/09/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-60343
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
April 9, 2014
NAKIA RESHEA SUTTON,
Lyle W. Cayce
Clerk
Plaintiff-Appellant
v.
DALE CASKEY; SANDRA ATWOOD; UNKNOWN CARMICHAEL; BART
GRIMES,
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 4:10-CV-39
Before REAVLEY, JONES, and PRADO, Circuit Judges.
PER CURIAM: *
Nakia Reshea Sutton, Mississippi prisoner # R4655, appeals from the
summary judgment dismissal of his 42 U.S.C. § 1983 civil rights complaint in
which he alleged that the defendants exhibited deliberate indifference to his
medical needs. He also moves for the appointment of counsel and to correct
the record.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-60343 Document: 00512590023 Page: 2 Date Filed: 04/09/2014
No. 13-60343
This court must examine the basis for its jurisdiction on its own motion.
Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). In a civil case, a timely
notice of appeal is “mandatory and jurisdictional.” Bowles v. Russell, 551 U.S.
205, 214 (2007).
Sutton’s notice of appeal, filed more than 30 days after the denial of his
timely motion to alter and amend judgment under Federal Rule of Civil
Procedure 59(e), is untimely. See FED. R. CIV. P. 4(a)(1)(A), (a)(4)(A). Thus,
this court lacks jurisdiction over the instant appeal, and the appeal is
DISMISSED. See Bowles, 551 U.S. at 214. Sutton’s motions for the
appointment of counsel and to correct the record are DENIED.
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