United States District Court, M.D. Louisiana
D. DICK, CHIEF JUDGE
3, 2019, Appellant Jocita Cabrini Williams
(“Appellant”) filed a Notice of Appeal from
Bankruptcy Court,  challenging the Bankruptcy Court's
Order Denying Objection to Claim. The Appellees,
Ocwen Loan Services, LLC, Deutsche Bank National Trust
Company as Trustee for HSI Asset Securitization Corporation
Trust 2007-OPT1, Mortgage Pass-Through Certificates, Series
2007-OPT1, and PHH Mortgage Corporation (collectively, the
“Appellees”), have filed a Motion to Dismiss
Appeal for Lack of Jurisdiction.
28, 2019, more than 14 days after the Order Denying
Objection to Claim was entered in the Bankruptcy Case,
the Appellant filed a pleading with this Court styled as a
Complaint, which was assigned No. 19-0334. The Complaint is
identical to the Objection to Claim previously filed in the
Bankruptcy Court. On May 31, 2019, an order was entered by
this Court in which the Court stated that:
Although filed on a form for a Complaint, it appears that R.
Doc. 1 in this matter is a Notice of Appeal from a ruling of
the Bankruptcy Court. Specifically, attached to R. Doc. 1 in
this matter is an Objection to Proof of Deutsche  . . .
[which] was filed in the Bankruptcy Court Case on February 7,
2019 . . . and was overruled by the Bankruptcy Court on March
27, 2019. To the extent plaintiff, Jocita Williams, seeks to
appeal a ruling of the Bankruptcy Court to this Court, she
must comply with the requirements of the Federal Rules of
Bankruptcy Procedure 8001, et seq., and the Local Rules of
the Bankruptcy Court.
to this Order, the “Complaint” was transferred
back to the Bankruptcy Court. On May 31, 2019, the Complaint
was docketed as a notice of appeal in the Bankruptcy
Court. The Notice of Appeal was then assigned the
captioned No. 19-345.
now move to dismiss Appellant's Notice of Appeal as
untimely. The Appellant filed her Notice of Appeal
forty-three (43) days after the Order Denying Objection
to Claim was entered by the Bankruptcy Court, which is
beyond the fourteen (14) day timeline set by Federal Rule of
Bankruptcy Procedure 8002. Accordingly, because the Notice of
Appeal was not timely filed by the Appellant, this Court
lacks jurisdiction to consider the appeal.
appeal from an interlocutory order or decree of a bankruptcy
court under 28 U.S.C. § 158(a)(3), a party must file
with the bankruptcy clerk a notice of appeal as prescribed by
Rule 8003(a).” The notice must be filed within the time
allowed by Rule 8002, which is within 14 days after the entry
of the judgment, order, or decree being
appealed. The Supreme Court has explained that,
“[i]t is well settled that the requirement of a timely
notice of appeal is ‘mandatory and
jurisdictional.'” Accordingly, “[t]he time
limit is strictly construed....” “If the
notice is not timely filed, the appellate court is without
jurisdiction to hear the appeal.” A plain
reading of the statute reveals that the party appealing the
bankruptcy court's decision must file a notice of appeal
within 14 days of entry of the judgment, order, or decree,
and failure to comply with this requirement results in the
appellate court lacking jurisdiction to hear the
the record establishes that Appellant never moved to extend
the deadline to file a Notice of Appeal as is contemplated
under Federal Rule of Bankruptcy Procedure 8002(d)(1).
Therefore, this Court lacks jurisdiction over Appellant's
the Appellees' Motion to Dismiss Appeal for Lack of
Jurisdiction is GRANTED, and Appellant's
Notice of Appeal from Bankruptcy Court is DISMISSED
with prejudice. Appellant's Motion - This case to be
Filed in the Supreme Courts is also DENIED for lack
of jurisdiction to grant such a request and because Appellant
seeks relief to which she is not legally entitled. The Clerk
of Court is ordered to terminate this action.
IS SO ORDERED.
 Rec. Doc. No. 1.
 Bankruptcy No. 18-11432, Doc. No.