United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 20, 2004
Charles R. Fulbruge III
Clerk
No. 03-31001
Conference Calendar
THEODORE JOHNSON,
Plaintiff-Appellant,
versus
STATE OF LOUISIANA, DEPARTMENT OF
SOCIAL SERVICES, LOUISIANA REHABILITATION
SERVICES,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 02-CV-3082-B
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Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Theodore Johnson seeks to appeal the district court’s order
closing his lawsuit seeking review of the Secretary of the
Louisiana Department of Social Services’ decision to deny him
tuition assistance without prejudice to his right to reopen
proceedings after his state-court remedies are exhausted.
This court must raise, sua sponte, the issue of its own
jurisdiction, if necessary. Mosley v. Cozby, 813 F.2d 659, 660
*
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that this opinion should not be published and is not precedent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. 03-31001
-2-
(5th Cir. 1987). A timely notice of appeal is a mandatory
precondition to the exercise of appellate jurisdiction.
Nelson v. Foti, 707 F.2d 170, 171 (5th Cir. 1983). Federal Rule
of Appellate Procedure 4(a)(1) requires that the notice of appeal
in a civil action be filed within 30 days of entry of the
judgment or order from which appeal is taken.
Johnson did not file his notice of appeal within 30 days of
the entry of the order closing his case. The October 14, 2003,
notice of appeal is timely only as to the denial of his second
motion to reopen. However, Johnson makes no argument challenging
the denial of his motion to reopen and has thus waived the sole
ground for appeal. See Yohey v. Collins, 985 F.2d 222, 224-25
(5th Cir. 1993); FED. R. APP. P. 28(a)(9)(A). Consequently, the
appeal is DISMISSED. See Howard v. King, 707 F.2d 215, 219-20
(5th Cir. 1983); 5TH CIR. R. 42.2.
APPEAL DISMISSED.