Arthur Joyal Barker v. Ruth Brouwer

Summary

The Fifth Circuit dismissed Arthur Joyal Barker’s appeal for lack of appellate jurisdiction because he failed to file a timely notice of appeal or motion to extend the filing deadline following denial of his Federal Rule of Civil Procedure 60(b) motion. The court also denied Barker’s motion for appointment of counsel.

Holdings

1. The Fifth Circuit lacked appellate jurisdiction because Barker did not file a timely notice of appeal or a timely motion to extend the time for filing a notice of appeal.
2. The motion for appointment of counsel was denied.

Questions Presented

1. Whether the Fifth Circuit had appellate jurisdiction when Barker failed to file a timely notice of appeal from the denial of his Rule 60(b) motion or a timely motion to extend the filing period.
2. Whether Barker's motion for appointment of counsel should be granted.

Disposition

dismissed