Fleming v. Clark (In Re Luna)

124 F. App'x 915

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 7, 2005
• Docket: 04-51077
• Status: Unpublished

Opinion

PER CURIAM: *

Fleming’s notice of appeal was not timely. In civil cases, a notice of appeal must be filed with the district clerk within thirty days after the order appealed from is issued. FED. R.App. P. 4(a)(1)(A). If one of the parties to the suit is the United States or its officer or agency, then the time period for filing an appeal is extended to sixty days. FED. R.App. P. 4(a)(a)(B). 'The government argues that it is not actually a party to the suit, and that the thirty-day deadline should apply. However, even under the sixty-day deadline, Fleming’s notice of appeal was not timely. The order that Fleming is appealing was entered on July 19, 2004. Sixty days thereafter would be September 17, 2004. Fleming’s notice of appeal was not filed until September 24, 2004, and thus, this court does not have jurisdiction to hear the appeal. See Barber v. Security Benefit Life, 936 F.2d 210, 212 (5th Cir.1991). 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* Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.