Summary Calendar REV. BERNADINE TURNER v. Anadarko Petroleum Corporation

* 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that this opinion should not be published and is not precedent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
November 22, 2005
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
05-30328
Summary Calendar
REV. BERNADINE TURNER,
Plaintiff-Appellant,
v.
ANADARKO PETROLEUM CORPORATION, ET AL.,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Louisiana
Civil Action No. 3:04-CV-1082
Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
The district court dismissed the Appellant’s claims on January
6, 2005. The clerk of court received the Appellant’s notice of
appeal and entered it into the record March 23, 2005. Rule 4 of
the Federal Rules of Appellate Procedure requires parties in civil
litigation to file a notice of appeal within thirty days of the

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judgment or order being challenged. FED. R. APP. P. 4(a)(1)(4), 28
U.S.C. § 2107(a) (2000). The Appellant failed to meet this
requirement. This Court directed the parties to address the
timeliness of the notice of appeal in their briefs. The Appellant
failed to do so.
This Court cannot hear the merits of an untimely appeal
because it lacks jurisdiction. See Torres v. Oakland Scavenger
Co., 487 U.S. 312, 315 (1988). Therefore, the appeal is dismissed.
DISMISSED.

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