United States District Court, N.D. Mississippi, Greenville Division
ORDER DISMISSING APPEAL
M. BROWN UNITED STATES DISTRICT JUDGE.
bankruptcy appeal is before the Court sua sponte for
consideration of jurisdiction.
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. 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.
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.
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.
failure to file a timely notice of appeal in a bankruptcy
case deprives … the district court … of
jurisdiction.” In re Dorsey, __ F.3d __, No.