United States Court of Appeals Fifth Circuit 

## FILED August 6, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-30904 Summary Calendar

SAMUEL MICHAEL SCHILDKRAUT, Plaintiff-Appellant,

versus BALLY’S CASINO NEW ORLEANS, L.L.C., “The Belle” or “The Company” doing business as Bally’s Louisiana Inc., doing business as Bally’s Casino Lakeshore Resort, doing business as Belle of Orleans LLC, doing business as Bally’s Casino New Orleans; PARK PLACE/BALLY’S ENTERTAINMENT CORP., NYSE, PPE, doing business as Park Place Entertainment Corp., doing business as Caesars Entertainment, Inc.; BALLY’S MIDWEST CASINO INC., doing business as Bally’s Louisiana Inc., doing business as Bally’s Holding Company, Inc., Defendants-Appellees.

----------------------------------------------------------------- SAMUEL MICHAEL SCHILDKRAUT, Plaintiff-Appellant,

versus BALLY’S CASINO NEW ORLEANS, L.L.C., The Belle or The Company, doing business as Bally’s Louisiana Inc., doing business as Bally’s Casino Lakeshore Resort, doing business as Bally’s Casino New Orleans, doing business as Belle of Orleans, LLC; PARK PLACE/BALLY’S ENTERTAINMENT CORP., NYSE, PPE, doing business as Park Place Entertainment Corporation, doing business as Caesars Entertainment, Inc.; BALLY’S MIDWEST CASINO INC., doing business as Bally’s Louisiana Inc., doing business as Bally’s Louisiana II Inc., doing business as Bally’s Holding Company, Inc., Defendants-Appellees.No. 05-30904 -2-

* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. -------------------- Appeal from the United States District Court for the Eastern District of Louisiana

USDC No. 2:04-CV-366 USDC No. 2:04-CV-504

-------------------- Before DeMOSS, STEWART, and PRADO, Circuit Judges.
PER CURIAM: * 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 , S. Ct. , 2007 WL 1702870, *5 (June 14, 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 F ED . R. A PP . 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 suchNo. 05-30904 -3- as this one, the notice of appeal must be filed within 30 days after the judgment or order appealed from is entered. F ED . R. A PP . P. 4(a)(1)(A); see 28 U.S.C. § 2107(a). Applying the rules for computing time set forth in
F ED . R. A PP . 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.