Testo completo
* 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-51040
Conference Calendar
MARGARET LOUISE BALLARD,
also known as Precious Jones,
Plaintiff-Appellant,
versus
WALNUT CREEK MINING; PHILLIPS COAL COMPANY,
also known as Phillips Petroleum Co.;
SMITH & BRATCHER, INC.; JOHN DOE,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. W-03-CV-35
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Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Margaret Ballard moves for permission to appeal in forma
pauperis (IFP) the dismissal of her complaint for damages
pursuant to 28 U.S.C. § 1915(e)(2)(B) as barred by the statute of
limitations. Ballard’s notice of appeal, however, was untimely
filed, and the district court did not err in denying her motion
to reopen the period for filing a notice of appeal. See FED.
R. APP. P. 4(a)(6); Latham v. Wells Fargo Bank, N.A., 987 F.2d
United States Court of Appeals
Fifth Circuit
F I L E D
June 23, 2004
Charles R. Fulbruge III
Clerk
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No. 03-51040
-2-
1199, 1202 (5th Cir. 1993). We are therefore without
jurisdiction to entertain her appeal. See United States v.
Merrifield, 764 F.2d 436, 437 (5th Cir. 1985). Her IFP motion is
therefore DENIED and the APPEAL DISMISSED.
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