In Re: Luna v. Clark

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
April 7, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-51077
Summary Calendar
In The Matter Of: JUAN JOSE LUNA; KELLY LYNN GREEN,
Debtors.
__________________
JOHN T. FLEMING,
Appellant,
versus
LIEF M. CLARK, United States Bankruptcy Judge for the
Western District of Texas,
Appellee..
Appeal from the United States District Court for
the Western District of Texas
(USDC No. 5:03-CV-472)
_______________________________________________________
Before REAVLEY, JOLLY, HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*

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2
Fleming’s notice of appeal was not timely. In civil cases, a notice of appeal must
be filed with the district clerk within thirty days after the order appealed from is issued.
FED. R. App. P. 4(a)(1)(A). If one of the parties to the suit is the United States or its
officer or agency, then the time period for filing an appeal is extended to sixty days.
FED. R. App. P. 4(a)(a)(B). The government argues that it is not actually a party to the
suit, and that the thirty-day deadline should apply. However, even under the sixty-day
deadline, Fleming’s notice of appeal was not timely. The order that Fleming is appealing
was entered on July 19, 2004. Sixty days thereafter would be September 17, 2004.
Fleming’s notice of appeal was not filed until September 24, 2004, and thus, this court
does not have jurisdiction to hear the appeal. See Barber v. Security Benefit Life, 936
F.2d 210, 212 (5th Cir. 1991). DISMISSED.

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