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Jones v. Morgan

United States District Court, N.D. Mississippi, Greenville Division

September 7, 2017

REBECCA JEAN JONES APPELLANT
v.
DOROTHY MORGAN APPELLEE

          ORDER DISMISSING APPEAL

          DEBRA M. BROWN UNITED STATES DISTRICT JUDGE.

         This bankruptcy appeal is before the Court sua sponte for consideration of jurisdiction.

         I

         Relevant Procedural History

         On November 3, 2015, Rebecca Jean Jones filed a notice of appeal seeking to appeal two orders issued by United States Bankruptcy Judge Jason D. Woodard-an order granting relief from an automatic stay, and an order denying reconsideration of the order lifting the stay. Jones v. Morgan, No. 4:15-cv-176 (N.D. Miss. filed Dec. 7, 2015) (“Jones I”), at Doc. #1. On August 15, 2016, this Court entered a memorandum opinion and order dismissing Jones' appeal for failure to file a complete record. Id. at Doc. #46.[1] The order provided that “Jones may supplement the record within thirty (30) days of the date of this order and … move for reinstatement of the appeal.” Id. Jones did not move to reinstate her appeal and, on November 28, 2016, this Court entered a final judgment dismissing the appeal without prejudice. Id. at Doc. #51.

         On December 14, 2016, Jones filed this bankruptcy appeal seeking to appeal the same two orders at issue in the dismissed appeal. Doc. #1. There has been no activity in this case since the filing of the notice of appeal.

         II

         Jurisdiction

         Pursuant to 28 U.S.C. § 158(a):

The 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 bankruptcy judges under section 157 of this title.

         “The failure to file a timely notice of appeal in a bankruptcy case deprives … the district court … of jurisdiction.” In re Dorsey, __ F.3d __, No. ...


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