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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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),

(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.,

(1988). Therefore, the appeal is dismissed.

DISMISSED.

2