Ballard v. Walnut Creek Mining

101 F. App'x 528

Opinion

PER CURIAM: *

Margaret Ballard moves for permission to appeal in forma pauperis (IFP) the dismissal of her complaint for damages pursuant to 28 U.S.C. § 1915(e)(2)(B) as barred by the statute of limitations. Ballard’s notice of appeal, however, was untimely filed, and the district court did not err in denying her motion to reopen the period for filing a notice of appeal. See Fed. R.App. P. 4(a)(6); Latham v. Wells Fargo Bank, N.A., 987 F.2d 1199, 1202 (5th Cir.1993). We are therefore without jurisdiction to entertain her appeal. See United States v. Merrifield, 764 F.2d 436, 437 (5th Cir.1985). Her IFP motion is therefore DENIED and the APPEAL DISMISSED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.