Opinion
No. 07-10306 Summary Calendar.
April 11, 2008.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:07-CV-95.
Before JOLLY, DENNIS, and PRADO, Circuit Judges.
Pastor Nell Cooper has filed a motion for leave to proceed in forma pauperis (IFP) in this court. Cooper's request for leave to proceed IFP in the district court was denied by the magistrate judge; when she failed to comply with an order to pay the requisite filing fee, the district court dismissed her complaint for failure to prosecute.
If necessary, this court must examine the basis of its jurisdiction sua sponte. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Following the magistrate's denial of leave to proceed IFP in the district court, Cooper filed a pleading entitled "Appeal as of Right," which the district court clerk construed as a notice of an interlocutory appeal. However, the district court correctly construed this pleading as objections to the magistrate's order rather than a notice of appeal. See FED.R.CIV.P. 72(a); Donaldson v. Ducote, 373 F.3d 622, 624 (5th Cir. 2004). Because Cooper has not filed any subsequent pleading that could be construed as a timely notice of appeal, this court lacks jurisdiction to consider her appeal. See Bowles v. Russell, ___ U.S. ___, 127 S.Ct. 2360, 2366, 168 L.Ed.2d 96 (2007).
APPEAL DISMISSED.