In Re: Speer

Filing 16

ORDER granting 12 Motion to Dismiss. See attached Order for details. Signed by Judge Robert N. Chatigny on 7/13/2016. (Panchenko, I)

July 13, 2016
In re Sheri Speer, No. 3:16-cv-61(RNC)
ORDER granting [12] Motion to Dismiss.
Bankruptcy debtor Sheri Speer, proceeding pro se, seeks
review of a bankruptcy court order granting appellee DLJ Mortgage
Capital’s motion for relief from the automatic stay for the
purpose of pursuing a foreclosure action against one of Ms.
Speer’s properties. DLJ has moved to dismiss the appeal on the
grounds that the appeal is untimely, interposed for delay, and
frivolous in nature. Ms. Speer has not responded to the argument
that the appeal is untimely.
Under Federal Rule of Bankruptcy Procedure 8002(a), “a
notice of appeal must be filed with the bankruptcy clerk within
14 days after entry of the judgment, order, or decree being
appealed.” Id. “[T]he time limit contained in Rule 8002(a) is
jurisdictional, and . . . in the absence of a timely notice of
appeal in the district court, the district court is without
jurisdiction to consider the appeal, regardless of whether the
appellant can demonstrate ‘excusable neglect.’” In re Siemon,
421 F.3d 167, 169 (2d Cir. 2005). There is no dispute that the
order appealed from was entered on December 11, 2015. Ms.
Speer’s notice of appeal was docketed with the bankruptcy court
on December 28, 2015, seventeen days after the entry of the
order. Because the appeal is untimely, the motion to dismiss
must be granted.
Accordingly, the appeal is hereby dismissed.
close the case.

The Clerk may

So ordered.
/s/ RNC
Robert N. Chatigny
United States District Judge