In re Jones
Opinion of the Court
OPINION
Appellant Jean L. Jones, proceeding pro se, appeals from the District Court’s dismissal of her appeal from a decision of the United States Bankruptcy Court for the District of New Jersey. For the reasons that follow, we will affirm the judgment of the District Court.
On June 6, 2012, Jones filed a notice of appeal of the Bankruptcy Court’s order denying her earlier motion for reconsideration. After holding oral argument on the matter, the District Court dismissed Jones’ appeal. Jones argued that she was entitled to relief because the Bankruptcy Judge assigned to her case engaged in fraud by ruling against her. Finding no error in the Bankruptcy Court’s prior ruling, and no evidence of fraud, the District Court dismissed Jones’ case. This appeal followed.
After reviewing the record, we conclude that the District Court did not have jurisdiction over Jones’ appeal from the order of the Bankruptcy Court.
Here, assuming that the Bankruptcy Court’s October 29, 2009 discovery order was interlocutory and not appealable at the time that it was entered, see Adapt of Phila. v. Phila. Hous. Auth., 433 F.3d 353, 360 (3d Cir. 2006), Jones had 14 days from entry of final judgment in her case to seek review of that order. Jones did not file her notice of appeal until June 26, 2012, more than three months after final judgment had been entered in her case. Her notice of appeal was therefore untimely. Accordingly, because the District Court did not have jurisdiction to review the Bankruptcy Court’s order, we too are precluded from reviewing the merits of the October 29, 2009 order of the Bankruptcy Court.
For these reasons, we will affirm the judgment of the District Court dismissing Jones’ case.
. We have jurisdiction pursuant to 28 U.S.C. §§ 158(d) and 1291, and may affirm on any grounds supported by the record. See Hughes v. Long, 242 F.3d 121, 122 n. 1 (3d Cir. 2011).
Reference
- Full Case Name
- In re: Jean L. JONES
- Status
- Published