Unreported / Non-Citable
Background
Dodiyi J. Williamwest brought a civil action against numerous defendants. After the district court entered a final judgment dismissing all claims against all defendants, a Fifth Circuit panel affirmed in part and vacated and remanded in part. On remand, the district court dismissed the remaining claims and entered judgment on February 26, 2025.
Williamwest sought to appeal that dismissal and moved for leave to proceed in forma pauperis. His notice of appeal was dated October 9, 2025. Although he apparently did not receive notice of the judgment within 21 days after its entry, he did not seek to reopen the appeal period within 180 days of the judgment.
The Court’s Holding
In an unpublished per curiam opinion, the Fifth Circuit dismissed the appeal for lack of jurisdiction. Because the case required a notice of appeal within 60 days after entry of judgment under Federal Rule of Appellate Procedure 4(a)(1)(B), the October notice was untimely as to the February judgment.
The court explained that a timely notice of appeal is a jurisdictional requirement in a civil action. Williamwest could not obtain relief under Rule 4(a)(6) based on delayed notice because he had not moved to reopen the appeal period within 180 days after judgment. The court also denied his motion to proceed in forma pauperis.
Key Takeaways
- A timely civil notice of appeal is a jurisdictional prerequisite.
- Williamwest filed his notice well after the applicable 60-day deadline.
- Failure to seek reopening within Rule 4(a)(6)’s 180-day limit prevented relief based on delayed notice of judgment.
Why It Matters
The decision underscores that delayed receipt of a judgment does not indefinitely extend the time to appeal. A litigant relying on lack of timely notice must still seek reopening within Rule 4(a)(6)’s strict outer deadline.
Because the notice of appeal was untimely and the reopening period had expired, the Fifth Circuit lacked jurisdiction to consider the merits of the post-remand dismissal.