USCA1 Opinion

        November 21, 1994       [NOT FOR PUBLICATION]
                           UNITED STATES  COURT OF APPEALS
                                FOR THE FIRST CIRCUIT





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        No. 93-1833

                                  FRANK A. BISEGNA,

                                Plaintiff, Appellant,

                                          v.

                                 JEFFREY A. KITAEFF,

                                 Defendant, Appellee.


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                     APPEAL FROM THE UNITED STATES DISTRICT COURT

                          FOR THE DISTRICT OF MASSACHUSETTS

                     [Hon. William G. Young, U.S. District Judge]
                                             ___________________

                                 ____________________

                                        Before

                                Cyr, Boudin and Stahl,
                                   Circuit Judges.
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                                 ____________________

            Frank A. Bisegna on brief pro se.
            ________________
            Jeffrey A.  Kitaeff  and Jason  Rosenberg On  Defendant-Appellees'
            ___________________      ________________
        Motion for Summary Disposition for appellee.


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                      Per Curiam.   On April 14, 1993, appellant Frank A.
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            Bisegna, a chapter  7 debtor, appealed to the  district court

            from a bankruptcy  court order determining the  amount of two

            claims  against the estate.   On July 16,  1993, the district

            court  dismissed the  appeal  for failure  to  file a  brief.

            Appellant appeals the district court's order of dismissal.

                      We  have reviewed  the record  and discovered  that

            appellant  did file a  timely one-page brief  in the district

            court.   Although this brief  was accepted for  filing by the

            clerk's  office,  it was  never entered  on  the docket.   It

            appears that the brief was overlooked because it was attached

            to copy of the district  court's briefing order.  Ordinarily,

            under  these circumstances,  a remand  might be  appropriate.

            However, appellant's  one-page  brief, filed  below,  utterly

            failed  to  identify  any  alleged error  in  the  bankruptcy

            court's ruling on  the claims against  the estate.   Instead,

            appellant argued  that the bankruptcy court  erred in denying

            his repeated motions to withdraw his bankruptcy petition.  

                      Based on the bankruptcy court docket entries, it is

            apparent  that appellant  had  already appealed  once to  the

            district court from the denial of his motion to withdraw, and

            that  he did not file a timely  appeal from the denial of any

            subsequently  filed  motion  seeking  reconsideration.    See
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            Bankruptcy Rule 8002.  Under the circumstances, we affirm the

            judgment  of dismissal on the  ground that the district court



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            lacked  jurisdiction  to  reach  the  sole  issue  raised  in

            appellant's brief.

                      Affirmed.
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