Manetirony Clervrain, a federal prisoner proceeding without counsel, sued Sara M. Revell in the District of Kansas. The district court initially dismissed his complaint in 2019 for failure to state a claim. Clervrain attempted to appeal, but his first appeal was dismissed for failure to prosecute due to non-payment of the filing fee. He filed a second appeal, which the Tenth Circuit dismissed as untimely. Three years later, Clervrain filed motions in the district court seeking to amend his complaint, which were denied on June 20, 2024. Nearly two years after that denial, Clervrain filed a notice of appeal, initiating this third attempt to challenge the underlying dismissal.
The Tenth Circuit focused exclusively on the timeliness of the notice of appeal. The court reiterated that in civil cases, the notice of appeal must be filed within 60 days after the entry of the order or judgment being appealed, as mandated by Federal Rule of Appellate Procedure 4(a)(1)(B). The court emphasized that this time limit is mandatory and jurisdictional, citing Bowles v. Russell, 551 U.S. 205 (2007). The court clarified that a litigant's pro se status does not excuse a failure to meet this deadline, citing Mayfield v. U.S. Parole Comm'n, 647 F.2d 1053 (10th Cir. 1981). Since the district court's final order was entered on June 20, 2024, and Clervrain did not file his notice of appeal until April 6, 2026, the deadline had long passed. The court stated, 'The time limit has run and we are without jurisdiction under the facts of this case.' Additionally, the court noted that any attempt to appeal the dismissal of his previous two appeals would be procedurally improper, as litigants are not entitled to a second appeal of the same orders.
The appeal is dismissed, meaning the district court's 2019 dismissal of Clervrain's underlying complaint remains in effect. No further review is available on the merits of the case. The decision reinforces the strict, non-waivable nature of appellate filing deadlines, even for pro se prisoners, and prevents courts from making equitable exceptions to jurisdictional time limits.
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