Amr Mohsen V. , 695 F. App'x 294 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 15 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: AMR MOHSEN, No. 15-60071
Debtor. BAP No. 14-1435
------------------------------
MEMORANDUM*
AMR MOHSEN,
Appellant,
v.
CAROL WU,
Appellee.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Jury, Dunn, and Kirscher, Bankruptcy Judges, Presiding
Submitted August 9, 2017**
Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.
Chapter 7 debtor Amr Mohsen appeals pro se from the Bankruptcy
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Appellate Panel’s (“BAP”) order dismissing Mohsen’s appeal for lack of
prosecution. We review de novo our own jurisdiction. Silver Sage Partners, Ltd.
v. City of Desert Hot Springs (In re City of Desert Hot Springs), 339 F.3d 782, 787
(9th Cir. 2003). We dismiss for lack of appellate jurisdiction.
The bankruptcy court properly certified its March 25, 2014 order as final
under Federal Rule of Civil Procedure 54(b) (“Rule 54(b)”). See Fed. R. Bankr. P.
7054(a) (applying Rule 54(b) to adversary proceedings); Ariz. State Carpenters
Pension Tr. Fund v. Miller, 938 F.2d 1038, 1039-40 (9th Cir. 1991) (court of
appeals must independently determine that the judgment is final). We lack
jurisdiction because Mohsen did not file a timely notice of appeal after the
bankruptcy court’s order denying his motion for reconsideration. See Fed. R.
Bankr. P. 8002(a)(1), (b)(1) (notice of appeal must be filed within 14 days after
entry of the order being appealed; time to file an appeal runs from entry of the
order disposing of a timely post-judgment tolling motion); 28 U.S.C. § 158(c)(2)
(an appeal to the BAP must be taken within the time provided by Fed. R. Bankr. P.
8002); Anderson v. Mouradick (In re Mouradick), 13 F.3d 326, 327 (9th Cir. 1994)
(“[T]he untimely filing of a notice of appeal deprives the appellate court of
jurisdiction to review the bankruptcy court’s order.” (citations omitted)).
Mohsen’s request for oral argument, set forth in the opening brief, is denied.
DISMISSED.
2 15-60071