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Kirschbaum v. Perry, 96-50082 (2004)

Court: Court of Appeals for the Fifth Circuit Number: 96-50082 Visitors: 7
Filed: Mar. 08, 2004
Latest Update: Feb. 21, 2020
Summary: UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 96-50082 Summary Calendar _ MARY LOU KIRSCHBAUM, Plaintiff-Appellant, versus WILLIAM J. PERRY, Secretary, U. S. Department of Defense, and his successors in Office; WILLIAM REED, Director, U.S. Defense Contract Audit Agency, and his successors in Office; JOHN McINTOSH, Manager, Austin Branch, U. S. Defense Contract Audit Agency, and his successors in Office, Defendants-Appellees. _ Appeal from the United States District Court for the Wes
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                   UNITED STATES COURT OF APPEALS
                        FOR THE FIFTH CIRCUIT

                       _____________________

                            No. 96-50082
                          Summary Calendar
                       _____________________

                        MARY LOU KIRSCHBAUM,

                                               Plaintiff-Appellant,

                               versus

                      WILLIAM J. PERRY, Secretary,
                 U. S. Department of Defense, and his
                  successors in Office; WILLIAM REED,
                Director, U.S. Defense Contract Audit
                Agency, and his successors in Office;
               JOHN McINTOSH, Manager, Austin Branch,
                 U. S. Defense Contract Audit Agency,
                     and his successors in Office,

                                               Defendants-Appellees.

_________________________________________________________________

           Appeal from the United States District Court
                 for the Western District of Texas
                           (A-95-CV-269)
_________________________________________________________________
                           July 24, 1996

Before SMITH, BARKSDALE, and DENNIS, Circuit Judges.

PER CURIAM:*

     Mary Lou Kirschbaum appeals the dismissal, for failure to

prosecute, of her employment discrimination claim.      However, she

contends only that the district court abused its discretion by

denying her FED. R. CIV. P. 60(b) motion for reinstatement (filed

more than 10 days after entry of the order of dismissal).


     *
          Pursuant to Local Rule 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 Local Rule
47.5.4.
     Kirschbaum filed a timely notice of appeal from the order of

dismissal, but did not file a notice of appeal from the order

denying her 60(b) motion.          Accordingly, we lack jurisdiction to

consider the denial of that motion.         See, e.g., Williams v. Chater,

___ F.3d ___, ___, 
1996 WL 361223
(5th Cir. 1996).              Although the

appeal   from   the   order   of    dismissal   is   properly    before   us,

Kirschbaum has not presented a basis for reversal.          
Id. Therefore, the
judgment is

                                                     AFFIRMED.




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Source:  CourtListener

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