Opinion
No. 03-1624 MMC.
April 18, 2003
ORDER DISMISSING APPEAL
Before the Court is appellant's Notice of Appeal, filed in the bankruptcy court on March 20, 2003, from the bankruptcy court's Order Authorizing Trustee to Take Actions Consistent with Order re: Trustee's Motion to Compel Access to Property, filed in the bankruptcy court on February 21, 2003.
A notice of appeal from an order entered by a bankruptcy court shall be filed within ten days of the entry thereof. See Rule 8002(a). "An untimely notice deprives the district court of jurisdiction to review the bankruptcy court's order." Greene v. United States (In re Souza), 795 F.2d 855, 857 (9th Cir. 1986) (internal quotations and citation omitted). Here, appellant filed his notice of appeal 27 days after the date of entry of the order from which he appeals. Consequently, the Court lacks jurisdiction to review the order. See id.
"The ten day period for filing the notice of appeal may . . . be extended for an additional twenty days upon request to the bankruptcy court so long as the request is made prior to the expiration of the ten day period or, in a case of excusable neglect, prior to the expiration of twenty days from the running of the ten day period." Id. Here, the bankruptcy court's docket indicates that appellant did not file a request for an extension of time with the bankruptcy court, (see Docket, United States Bankruptcy Court, Northern District of California, Bankruptcy Petition # 99-34016), and the time to file such a request has expired.
Accordingly, the instant appeal is hereby DISMISSED for lack of jurisdiction. The Clerk shall close the file.