Salinas v. Ramirez — Fifth Circuit dismissed untimely civil appeal for lack of jurisdiction

Case
Roberto Salinas v. Sheriff Romeo R. Ramirez
Court
U.S. Court of Appeals for the Fifth Circuit
Judge
Stewart; Richman; Higginson
Date Decided
October 23, 2026
Docket No.
25-40723
Topics
Appellate Jurisdiction; Notice of Appeal; Section 1983
Source
Read the full opinion

Background

Roberto Salinas, proceeding without counsel, appealed the dismissal of his 42 U.S.C. § 1983 complaint against Sheriff Romeo R. Ramirez. The appeal arose from the U.S. District Court for the Southern District of Texas.

Salinas also moved for sanctions and for reconstruction. Ramirez argued that the Fifth Circuit lacked jurisdiction because Salinas had not filed a timely notice of appeal.

The Court’s Holding

The Fifth Circuit held that Salinas’s notice of appeal was untimely. Because the deadline for noticing a civil appeal is established by 28 U.S.C. § 2107(a), compliance is a jurisdictional prerequisite under Bowles v. Russell, 551 U.S. 205 (2007).

The court therefore dismissed the appeal for lack of jurisdiction. It also denied Salinas’s motions for sanctions and reconstruction.

Key Takeaways

  • A timely notice of appeal is a jurisdictional requirement in a civil case.
  • An untimely notice deprived the Fifth Circuit of authority to review the dismissal of Salinas’s § 1983 complaint.
  • The court dismissed the appeal and denied Salinas’s pending motions.

Why It Matters

The decision underscores that the statutory deadline for filing a civil notice of appeal is not merely procedural. When the deadline is missed, an appellate court lacks jurisdiction to reach the merits.

✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top