Opinion
No. 05-30904, Summary Calendar.
August 6, 2007.
Samuel Michael Schildkraut, Fort Worth, TX, pro se.
Jeffrey A. Schwartz, Watkins, Ludlam, Winter Stennis, New Orleans, LA, for Defendants-Appellees.
Appeal from the United States District Court for the Eastern District of Louisiana, USDC Nos. 2:04-CV-366, 2:04-CV-504.
Before DeMOSS, STEWART, and PRADO, Circuit Judges.
Samuel Michael Schildkraut appeals the dismissal of his claims under federal and state law against his former employer, Bally's Casino New Orleans, L.L.C., and other related business entities. For the reasons explained below, we dismiss Schildkraut's appeal for lack of jurisdiction.
"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). "[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement." Bowles v. Russell, ___ U.S. ___, 127 S.Ct. 2360, 2366, 168 L.Ed.2d 96 (2007); see Dison v. Whitley, 20 F.3d 185, 186 (5th Cir. 1994) (stating that "[a] timely filed notice of appeal is a jurisdictional prerequisite" to this court's review).
Pursuant to FED. R.APP. P. 3(a), "[a]n appeal permitted by law as of right from a district court to a court of appeals may be taken only by filing a notice of appeal with the district clerk within the time allowed by Rule 4." In a civil case such as this one, the notice of appeal must be filed within 30 days after the judgment or order appealed from is entered. FED. R.APP. P. 4(a)(1)(A); see 28 U.S.C. § 2107(a).
Applying the rules for computing time set forth in FED. R.APP. P. 26(a), Schildkraut's notice of appeal, filed August 23, 2005, is untimely because it was filed more than 30 days after the entry, on July 21, 2005, of the district court's amended judgment. Because Schildkraut's notice of appeal was untimely, his appeal must be dismissed for lack of jurisdiction. See Dison, 20 F.3d at 186. All outstanding motions are denied as unnecessary.
APPEAL DISMISSED; MOTIONS DENIED AS UNNECESSARY.