Bolen, et al v. MS Admin Svc

*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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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
September 5, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-60942
Summary Calendar
DIANNE BOLEN; THEROLD BOLEN,
Plaintiffs-Appellants,
versus
MISSISSIPPI ADMINISTRATIVE SERVICES, INC.,
Defendant-Appellee.
Appeal from the United States District Court for
the Northern District of Texas
(USDC No. 1-02-CV-152)
_______________________________________________________
Before REAVLEY, JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
The district court entered an order under 28 U.S.C. § 1292(b) granting appellants’
motion for permission to appeal the court’s interlocutory order denying their motion to

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remand. Appellants did not file with this court a request for permissive appeal within ten
days of the district court’s § 1292(b) order, as required by Fed. R. App. P. 5. We
therefore lack appellate jurisdiction, and must dismiss this appeal. See Aucoin v.
Matador Servs., Inc., 749 F.2d 1180 (5th Cir. 1985). Appellants ask that the rules be
suspended under Fed. R. App. P. 2, but Rule 2 provides that the rules may be suspended
“except as otherwise provided in Rule 26(b),” and Fed. R. App. P. 26(b) provides that we
may not extend the time for filing a petition for permission to appeal.
DISMISSED.

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