United States District Court, N.D. Mississippi, Oxford Division
ORDER DENYING LEAVE TO APPEAL
M. Brown, UNITED STATES DISTRICT JUDGE
Before the Court is Rebecca Jean Jones' motion for leave
to appeal an interlocutory order from an adversary proceeding
pending in the United States Bankruptcy Court for the
Northern District of Mississippi. Doc. #1. Because Jones has
not satisfied the requirements for an interlocutory appeal,
the motion will be denied.
August 31, 2015, debtor Rebecca Jean Jones filed an adversary
proceeding against Dorothy Morgan in the United States
Bankruptcy Court for the Northern District of Mississippi.
Jones v. Morgan, No. 15-11505 (Bankr. N.D. Miss.)
(Doc. #1). On September 23, 2015, the Bankruptcy Clerk of
Court issued an alias summons for Morgan. Morgan received
service of the alias summons on September 25, 2015. On
October 5, 2015, Morgan answered the complaint. A certificate
of service attached to the answer (but strangely dated three
days before the answer itself) represents that the answer was
mailed to Jones at the address listed for her on the docket.
November 2, 2015, Jones filed an “Application for Entry
of Default, ” asserting that she had not received a
copy of the answer. Jones also filed a motion to vacate the
discovery schedule in the adversary proceeding on the ground
that the requested default would render discovery
unnecessary. Two days later, on November 4, 2015, United
States Bankruptcy Judge Jason D. Woodward set the two motions
for hearing. On November 24, 2015, counsel for Morgan
responded to the application for default, stating that the
answer had been mailed on October 5, 2015.
December 23, 2015, Judge Woodward, following a December 9,
2015, hearing, entered an order finding that Jones received a
copy of the answer. Doc. #1-1. Accordingly, Judge Woodward
denied the application for default and the motion to vacate.
January 15, 2016,  Jones filed in the Bankruptcy Court a
“Motion for Leave to Appeal by Bankruptcy Rule 8004, If
Issue on Appeal Not Judged a Final Order, and Because of the
Issue on Appeal, for a Stay of Judgment until Appeal Decided
and Waiver of Feeling [sic] Fee.” Doc. #1. In her
motion, Jones asks the Court to: (1) accept an appeal of
Judge Woodward's December 23, 2015, order; (2) stay the
order; and (3) waive the appeal filing fee. Id.
Morgan did not respond to the motion.
U.S.C. § 158(a) provides:
district courts of the United States shall have jurisdiction
to hear appeals
(1) from final judgments, orders, and decrees;
(2) from interlocutory orders and decrees issued under
section 1121(d) of title 11 increasing or reducing the time
periods referred to in section 1121 of such title; and
(3) with leave of the court, from other interlocutory orders
and decrees; and, with leave of the court, from interlocutory
orders and decrees, of bankruptcy judges entered in cases and
proceedings referred to the ...