Background
Brandi Turner Kennedy, an inmate at the Itawamba County Detention Center, appealed a district court order that dismissed her complaint under Section nineteen eighty-three of Title forty-two of the United States Code without prejudice. She moved for leave to proceed in forma pauperis in this appeal.
The court’s reasoning
The court stated that it must examine the basis of its jurisdiction on its own motion. It found that an untimely notice of appeal in a civil case deprives the court of jurisdiction. Because Kennedy did not file a timely notice of appeal from the district court’s order, the court lacked jurisdiction over the instant appeal.
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)
What it means going forward
The dismissal prevents the appellate court from reviewing the merits of the underlying civil rights claim, leaving the district court’s dismissal without prejudice in place.