United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 10, 2005
Charles R. Fulbruge III
Clerk
No. 05-10234
Summary Calendar
NELSON A. ROMERO,
Plaintiff-Appellant,
versus
TERRY BROWN; TOMMY JACOB; JOHNNY GARCIA,
Sheriff, Dawson County Sheriff’s Department,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:02-CV-98
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Before REAVLEY, SMITH, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Nelson A. Romero, now Texas prisoner # 1127658, appeals the
dismissal as frivolous, pursuant to 28 U.S.C. §§ 1915(e)(2)(b)
and 1915A(b), of his 42 U.S.C. § 1983 civil rights lawsuit,
asserting deliberate indifference to his medical needs. 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 notice of appeal is a prerequisite for the
*
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this opinion should not be published and is not precedent except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. 05-10234
-2-
exercise of jurisdiction by this court. United States v. Carr,
979 F.2d 51, 55 (5th Cir. 1992).
Romero’s notice of appeal, filed almost one year after the
district court’s judgment, is untimely. See FED. R. APP. P.
4(a)(1)(A). Consequently, this court lacks jurisdiction over the
instant appeal, and the appeal is DISMISSED.
The district court’s dismissal of Romero’s complaint counts
as a strike for purposes of 28 U.S.C. § 1915(g). See Adepegba v.
Hammons, 103 F.3d 383, 387-88 (5th Cir. 1996). Romero is
CAUTIONED that if he accumulates three strikes, he will no longer
be allowed to proceed in forma pauperis in any civil action or
appeal filed while he is detained or incarcerated in any facility
unless he is under imminent danger of serious physical injury.
See 28 U.S.C. § 1915(g).
DISMISSED; THREE-STRIKES WARNING ISSUED.