Case: 14-51045 Document: 00513265194 Page: 1 Date Filed: 11/10/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 14-51045 November 10, 2015
Summary Calendar
Lyle W. Cayce
Clerk
ARTURO HERNANDEZ,
Petitioner-Appellant
v.
WILLIAM STEPHENS, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:14-CV-504
Before CLEMENT, ELROD, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Arturo Hernandez, Texas prisoner # 1040662, seeks a certificate of
appealability (COA) to appeal the time-bar dismissal of his 28 U.S.C. § 2254
application, which challenged his conviction of aggravated robbery.
“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). A timely
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-51045 Document: 00513265194 Page: 2 Date Filed: 11/10/2015
No. 14-51045
notice of appeal is a jurisdictional requirement in a civil case. Bowles v.
Russell, 551 U.S. 205, 214 (2007). Hernandez had 30 days, or until September
3, 2014, to file a timely notice of appeal. See FED. R. APP. P. 4(a)(1)(A). He did
not file a notice of appeal until after the appeal period expired. He also does
not certify that he placed his notice of appeal in the prison mail system “on or
before the last day for filing.” See FED. R. APP. P. 25(a)(2)(C). Indeed, his COA
itself is dated after the 30-day deadline. Because Hernandez did not file a
timely notice of appeal, this appeal is dismissed for lack of jurisdiction. See
Bowles, 551 U.S. at 214.
COA DENIED; APPEAL DISMISSED.
2