IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 7, 2009
No. 09-30141
Summary Calendar Charles R. Fulbruge III
Clerk
PETER ROY ALFRED, JR.,
Plaintiff-Appellant
v.
TIM WILKINSON; WINN CORRECTIONAL CENTER; CORRECTIONS CORP
OF AMERICA; TIM MORGAN; ANGIE MARTIN; COACH LEWIS; COACH
ROB; TIFFANY WOMACK; OFFICER BRINSON; VIRGIL LUCAS; TOMMY
GLOVER; NICOLE SCOTT WALKER,
Defendants-Appellees
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:08-CV-532
Before BENAVIDES, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Peter Roy Alfred, Jr., Louisiana prisoner # 315023, seeks leave to appeal
in forma pauperis the dismissal of his 42 U.S.C. § 1983 suit arising from the
seizure of a pair of hightop tennis shoes.
This court must examine the basis of its jurisdiction sua sponte if
necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). A timely notice
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 09-30141
of appeal is mandatory and jurisdictional in a civil case. Bowles v. Russell, 551
U.S. 205, 207-13 (2007). The notice of appeal in a civil action must be filed
within 30 days of entry of the judgment or order from which the appeal is taken.
28 U.S.C. § 2107(a); F ED. R. A PP. P. 4(a)(1)(A). Alfred did not file his notice of
appeal until over five months after the dismissal of his suit as frivolous.
Construing Alfred’s notice of appeal as a motion to reopen the appeal
period under F ED. R. A PP. P. 4(a)(6), we hereby remand this case to the district
court for the limited purpose of determining whether Alfred’s appeal should be
reopened pursuant to Rule 4(a)(6). The district court is directed to return the
case to this court for further proceedings or dismissal, as appropriate, once the
ruling has been made.
LIMITED REMAND.
2