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IN RE DOBARD

United States District Court, Northern District of California


April 18, 2003

IN RE: RAYMOND L. DOBARD, DEBTOR. RAYMOND L. DOBARD, APPELLANT
v.
CHARLES E. SIMS, CHAPTER 7 TRUSTEE, APPELLEE.

The opinion of the court was delivered by: Maxine M. Chesney, United States District Judge

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.*fn1 See id.

Accordingly, the instant appeal is hereby DISMISSED for lack of jurisdiction. The Clerk shall close the file.

IT IS SO ORDERED.


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