Filed: Nov. 22, 2005
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS November 22, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk 05-30328 Summary Calendar REV. BERNADINE TURNER, Plaintiff-Appellant, v. ANADARKO PETROLEUM CORPORATION, ET AL., Defendants-Appellees. Appeal from the United States District Court for the Western District of Louisiana Civil Action No. 3:04-CV-1082 Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* The district court dism
Summary: United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS November 22, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk 05-30328 Summary Calendar REV. BERNADINE TURNER, Plaintiff-Appellant, v. ANADARKO PETROLEUM CORPORATION, ET AL., Defendants-Appellees. Appeal from the United States District Court for the Western District of Louisiana Civil Action No. 3:04-CV-1082 Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* The district court dismi..
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United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
November 22, 2005
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
05-30328
Summary Calendar
REV. BERNADINE TURNER,
Plaintiff-Appellant,
v.
ANADARKO PETROLEUM CORPORATION, ET AL.,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Louisiana
Civil Action No. 3:04-CV-1082
Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
The district court dismissed the Appellant’s claims on January
6, 2005. The clerk of court received the Appellant’s notice of
appeal and entered it into the record March 23, 2005. Rule 4 of
the Federal Rules of Appellate Procedure requires parties in civil
litigation to file a notice of appeal within thirty days of the
*
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that this opinion should not be published and is not precedent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.
judgment or order being challenged. FED. R. APP. P. 4(a)(1)(4), 28
U.S.C. § 2107(a) (2000). The Appellant failed to meet this
requirement. This Court directed the parties to address the
timeliness of the notice of appeal in their briefs. The Appellant
failed to do so.
This Court cannot hear the merits of an untimely appeal
because it lacks jurisdiction. See Torres v. Oakland Scavenger
Co.,
487 U.S. 312, 315 (1988). Therefore, the appeal is dismissed.
DISMISSED.
2