Vance v. Mims

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 12, 2025
• Docket: 24-11037
• Status: Unpublished

Opinion

Case: 24-11037 Document: 31-1 Page: 1 Date Filed: 05/12/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-11037 ____________ FILED May 12, 2025 In the Matter of Revolution Monitoring, L.L.C., Lyle W. Cayce Clerk Debtor,

Jeremiah Vance,

Appellant,

versus

Jeffery Mims,

Appellee. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:24-CV-1833 ______________________________

Before Smith, Graves, and Engelhardt, Circuit Judges. Per Curiam: * Jeremiah Vance moves for leave to proceed in forma pauperis (IFP) on appeal from the district court’s dismissal as untimely of his appeal of the bankruptcy court’s order denying his motion to remove the liquidating

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 24-11037 Document: 31-1 Page: 2 Date Filed: 05/12/2025

No. 24-11037

trustee of the debtor, Revolution Monitoring, L.L.C. This court must examine the basis of its own jurisdiction, sua sponte, if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Because Vance’s notice of appeal of the bankruptcy court’s order was untimely, we lack jurisdiction. See Fed. R. Bankr. P. 8002(a)(1); Dorsey v. U.S. Dep’t of Educ. (In re Dorsey), 870 F.3d 359, 362 (5th Cir. 2017); Smith v. Gartley (In re Berman-Smith), 737 F.3d 997, 1000-03 (5th Cir. 2013). Accordingly, Vance’s appeal is DISMISSED for lack of jurisdiction. His motion for leave to proceed IFP on appeal and motion for an extension of time are DENIED.