`
`IN THE UNITED STATES COURT OF APPEALS
`FOR THE FIFTH CIRCUIT
`
`
`No. 17-60638
`Summary Calendar
`
`
`
`United States Court of Appeals
`Fifth Circuit
`
`FILED
`December 11, 2018
`
`Lyle W. Cayce
`Clerk
`
`CORDELLRA MCCALEY,
`
`
`
`
`
`Plaintiff-Appellant
`
`v.
`
`
`PELICIA HALL, COMMISSIONER, MISSISSIPPI DEPARTMENT OF
`CORRECTIONS; JERRY WILLIAMS, Deputy Commissioner; TIMOTHY
`MORRIS, Warden, Mississippi Department of Corrections; OFFICER
`HUGHES, Correction Officer; M. S. CARTER, Case Manager; MR. BANKS,
`Deputy Warden,
`
`
`
`Defendants-Appellees
`
`
`
`Appeal from the United States District Court
`for the Northern District of Mississippi
`USDC No. 4:16-CV-111
`
`
`Before JOLLY, COSTA, and HO, Circuit Judges.
`PER CURIAM:*
`
`Cordellra McCaley, Mississippi prisoner # 164032, appeals the summary
`judgment dismissal of his 42 U.S.C. § 1983 civil rights action alleging claims
`of deliberate indifference to his safety, deliberate indifference to his serious
`medical needs, and failure to properly classify him based on the defendants’
`
`
`* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
`be published and is not precedent except under the limited circumstances set forth in 5TH
`CIR. R. 47.5.4.
`
`
`
` Case: 17-60638 Document: 00514756693 Page: 2 Date Filed: 12/11/2018
`
`No. 17-60638
`
`
`actions before and after McCaley was assaulted and seriously injured by
`another inmate. McCaley also moves for appointment of counsel on 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). An appellate
`court’s jurisdiction vests upon filing of the notice of appeal. Griggs v. Provident
`Consumer Disc. Co., 459 U.S. 56, 58 (1982). “[A]n appeal filing deadline
`prescribed by statute will be regarded as jurisdictional.” Hamer v.
`Neighborhood Hous. Servs. of Chicago, 138 S. Ct. 13, 16 (2017) (internal
`quotation marks and citation omitted). In a civil matter, such as this one,
`notice of appeal must be filed within 30 days of the entry of the judgment or
`order being appealed. 28 U.S.C. § 2107(a); FED. R. APP. P. 4(a)(1)(A).
`
`Although McCaley’s notice of appeal was filed more than four months
`after the Rule 4(a) deadline, we construe it as a timely motion to reopen the
`appeal filing period. See § 2107(c); FED. R. APP. P. 4(a)(6). Accordingly, IT IS
`ORDERED that the case be REMANDED to the district court for the limited
`purpose of determining whether McCaley’s appeal should be reopened
`pursuant to Rule 4(a)(6). The district court is directed to return the case to
`this court for further proceedings or dismissal, as appropriate, once the ruling
`has been made. McCaley’s motion to appoint counsel is CARRIED WITH THE
`CASE.
`
`LIMITED REMAND ORDERED.
`
`2
`
`
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