In Re: Jones

*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this opinion should not be published and is not precedent except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
June 2, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-21346
Summary Calendar
In The Matter of: JIMMY W. JONES,
Debtor
RALPH O’HARA DOUGLAS, SR.,
Appellant.
______________________________________________
Appeal from the United States District Court for the
Southern District of Texas, Houston
H-01-CV-2703
______________________________________________
Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Ralph O’Hara Douglas, Sr. (Douglas) appeals from orders of the
bankruptcy court granting Jimmy Wayne Jones a default judgment in
an adversary proceeding against Douglas and a separate order
denying Douglas’s motion to set aside the default judgment issued
by the bankruptcy court. Douglas properly appealed these orders to

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the district court which affirmed the bankruptcy court.
Our review of the record convinces us that the bankruptcy
court did not err in granting the default judgment against Douglas
as he did not timely file an answer to the adversary proceeding.
Nor did the bankruptcy court err in refusing to set aside the
default judgment as Douglas failed to show good cause sufficient to
warrant setting aside the default judgment. Nor do we find merit
in Douglas’s claim that Jones committed fraud upon the court. We
affirm the orders and judgment of the bankruptcy court essentially
for the reasons set forth in the district court’s order of
September 26, 2002, affirming the bankruptcy court. The judgment
of the bankruptcy court is AFFIRMED.

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