# United States Court **of Appeals** 
**f or the Fifth Circuit** 

No. 19

- 10890

**Dominique Esparza,**

Plaintiff

— Appellant **,**

versus

**Abe Partington; Dustin Koch; City of Waxahachie,**

Defendants

— Appellees

**.**

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:18

- CV

- 1336

Before **Clement** , **Elrod** , and **Haynes** , Circuit Judges

**. Per Curiam**  **:** *
Dominique Esparza, currently Texas prisoner # 02239621, filed a 42
U.S.C. § 1983 complaint while he was in pretrial det ention arising from three 2018 felony charges . He raised multiple claims arising from his unrelated

2017 arrest on misdemeanor charges of resisting arrest and driving without a
valid license

. After dismis s ing the § 1983 case without prejudice for failure

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED July 6, 2021
Lyle W. Cayce Clerk Case: 19-10890 Document: 00515926049 Page: 1 Date Filed: 07/06/2021No. 19

- 10890

2 to comply with a court order and for want of prosecution , the district court denied Esparza leave to proceed in forma pauperis (IFP) on the basis that an appeal would not be in good faith. Esparza now seeks leave to appeal I FP.
If needed, we must sua sponte examine the basis for our jurisdiction. Perez v. Stephens , 784 F.3d 276, 280 (5th Cir. 2015) . A timely notice of appeal is a jurisdictional requirement for an appeal in a civil matter. Bowles v. Russell , 551 U.S. 205, 214 (2007). The notice of appeal in a civil action must be filed within 30 days of entry of the judgment. 28 U.S.C. § 2107(a); **Fed. R. App.**

**P.** 4(a)(1)(A). Esparza did not file a timely appeal or request an extension of

time under Federal Rule of Appell ate Procedure 4(a)(5)(A).

A district court may reopen the time to appeal under Rule 4(a)(6). See

**Fed. R. App. P.** 4(a)( 6 ). Rule 4(a)(6) gives the district court the discretion to reopen the time to appeal if: (1) the court finds that the moving party did

not receive notice under Federal Rule of Civil Procedure 77(d) of the entry
of the judgment sought to be appealed within 21 days after entry; (2) the

motion seeking relief under Rule 4(a)(6) is filed within 180 days after the judgment is entered or within 14 days after the moving party receives notice
under Rule 77(d) of the entry, whichever is earlier; and (3) the court finds
that no party would be prejudiced by reopening the appeal period. **Fed. R.**

**App. P.** 4(a)(6)

. Here, the untimely notice of appeal filed by Esparza arguably could be
construed as a m otion to reopen under Rule 4(a)(6). Thus , the action should
be remanded to the district court for the limited purpose of deciding whether , in light of that motion, t he time to fil e the no tice of appeal should be reopened
under Rule 4(a)(6). After issuing its ruling, t he district court sh all return the case to this court for further proceedings or dismissal, as appropriate

.
**LIMITED REMAND.** Case: 19-10890 Document: 00515926049 Page: 2 Date Filed: 07/06/2021