James Muhammad V. , 671 F. App'x 687 ( 2016 )

FILED
NOT FOR PUBLICATION DEC 21 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: JAMES KARIM MUHAMMAD, No. 15-60036
AKA James Conway,
BAP No. 15-1103
Debtor.
______________________________
MEMORANDUM*
JAMES KARIM MUHAMMAD,
Appellant,
v.
NORTH RICHMOND SENIOR
HOUSING, INC.,
Appellee.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Kurtz, Jury, and Pappas Bankruptcy Judges, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
*
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).
James Karim Muhammad appeals pro se from an order of the Bankruptcy
Appellate Panel (“BAP”) dismissing his bankruptcy appeal as untimely. We have
jurisdiction under 28 U.S.C. § 158(d). We review de novo. Delaney v. Alexander
(In re Delaney), 29 F.3d 516, 517 (9th Cir. 1994). We affirm.
The BAP correctly dismissed Muhammad’s appeal because Muhammad
failed to file the notice of appeal with the bankruptcy clerk within 14 days of entry
of the order being appealed as required by Fed. R. Bankr. P. 8002(a)(1). See 11
U.S.C. § 158(c)(2) (an appeal to the BAP or district court from a bankruptcy court
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) (“The provisions
of Bankruptcy Rule 8002 are jurisdictional . . . .”); see also Ramsey v. Ramsey (In
re Ramsey), 612 F.2d 1220, 1223 (9th Cir. 1980) (declining to adopt a “mailbox
rule” for Rule 8002(a) appeals).
Muhammad’s pending motions are denied as moot.
AFFIRMED.
2 15-60036