Bolen v. Mississippi Administrative Services, Inc.

Fifth Circuit

Bolen v. Mississippi Administrative Services, Inc.

73 F. App'x 764

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 5, 2003

Docket02-60942

StatusUnpublished

This text of 73 F. App'x 764 (Bolen v. Mississippi Administrative Services, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bolen v. Mississippi Administrative Services, Inc., 73 F. App'x 764 (5th Cir. 2003).

Pincite

Opinion

PER CURIAM. *

The district court entered an order under 28 U.S.C. § 1292(b) granting appellants’ motion for permission to appeal the court’s interlocutory order denying their motion to remand. Appellants did not file with this court a request for permissive appeal within ten days of the district court’s § 1292(b) order, as required by Fed. R.App. P. 5. We therefore lack appellate jurisdiction, and must dismiss this appeal. See Aucoin v. Matador Servs., Inc., 749 F.2d 1180 (5th Cir.1985). Appellants ask that the rules be suspended under Fed. R.App. P. 2, but Rule 2 provides that the rules may be suspended “except as otherwise provided in Rule 26(b),” and Fed. R.App. P. 26(b) provides that we may not extend the time for filing a petition for permission to 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Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm. R. 47.5.4.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM. *

The district court entered an order under 28 U.S.C. § 1292(b) granting appellants’ motion for permission to appeal the court’s interlocutory order denying their motion to remand. Appellants did not file with this court a request for permissive appeal within ten days of the district court’s § 1292(b) order, as required by Fed. R.App. P. 5. We therefore lack appellate jurisdiction, and must dismiss this appeal. See Aucoin v. Matador Servs., Inc., 749 F.2d 1180 (5th Cir.1985). Appellants ask that the rules be suspended under Fed. R.App. P. 2, but Rule 2 provides that the rules may be suspended “except as otherwise provided in Rule 26(b),” and Fed. R.App. P. 26(b) provides that we may not extend the time for filing a petition for permission to 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 Cm. R. 47.5.4.

Cite This Page — Counsel Stack

Bluebook (online)

73 F. App'x 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bolen-v-mississippi-administrative-services-inc-ca5-2003.

Opinion

Related

Cite This Page — Counsel Stack