Mattie Lomax v. Bayview Loan Servicing, LLC

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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MATTIE LOMAX,
Plaintiff-Appellant
v.
BAYVIEW LOAN SERVICING, LLC,
Defendant-Appellee
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2023-1902
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Appeal from the United States District Court for the
Southern District of Florida in No. 1:11-cv-22219-MGC,
Judge Marcia G. Cooke.
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ON MOTION
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P ER CURIAM .
O R D E R
Mattie Lomax moves to waive Public Access to Court
Electronic Records (PACER) fees, ECF No. 4. We deny that
request. And having now considered her response to this
court’s June 2, 2023, order to show cause, we dismiss.
“[T]he timely filing of a notice of appeal in a civil case
is a jurisdictional requirement,” Bowles v. Russell, 551 U.S.
Case: 23-1902 Document: 7 Page: 1 Filed: 08/22/2023

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LOMAX v. BAYVIEW LOAN SERVICING, LLC 2
205, 214 (2007), and, in order to be timely, a notice of ap-
peal must be filed within 30 days after entry of final judg-
ment, 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). Here,
Ms. Lomax filed her notice more than three and half years
after the October 2019 order she identified in her notice of
appeal. At least because of this untimeliness, we lack ju-
risdiction over the appeal, and we cannot transfer under
28 U.S.C. § 1631 because the appeal would not be timely in
any other court of appeals.
Accordingly,
I T I S O RDERED T HAT :
(1) The appeal is dismissed.
(2) All pending motions are denied.
(3) Each side shall bear its own costs.
August 22, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Clerk of Court
Case: 23-1902 Document: 7 Page: 2 Filed: 08/22/2023

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