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561 F. App'x 407

Nakia Sutton v. Christopher Epps

U.S. Courts of Appeals

Decided April 9, 2014

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U.S. Courts of Appeals · decided 2014-04-09

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Bowles v. Russell · Mosley v. Cozby

Decided 2014-04-09

PER CURIAM: *

¶1 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.

¶2 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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

¶3 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, 127 S.Ct. 2360. Sutton’s motions for the appointment of counsel and to correct the record are DENIED.

*

¶4 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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