Muhammad v. N. Richmond Senior Hous., Inc. (In re Muhammad)

Full title: In re: JAMES KARIM MUHAMMAD, AKA James Conway, Debtor. JAMES KARIM…

Court: UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Dec 21, 2016

No. 15-60036 (9th Cir. Dec. 21, 2016)

Opinion

No. 15-60036 BAP No. 15-1103

12-21-2016

In re: JAMES KARIM MUHAMMAD, AKA James Conway, Debtor. JAMES KARIM MUHAMMAD, Appellant, v. NORTH RICHMOND SENIOR HOUSING, INC., Appellee.

NOT FOR PUBLICATION

MEMORANDUM^* Appeal from the Ninth Circuit Bankruptcy Appellate Panel
Kurtz, Jury, and Pappas Bankruptcy Judges, Presiding 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.

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.

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Form 10. Bill of Costs ................................................................................................................................ (Rev. 12-1-09)

United States Court of Appeals for the Ninth Circuit

BILL OF COSTS

This form is available as a fillable version at:

http://cdn .ca9.uscourts.gov/datastore/uploads/forms/Form%2010%20-%20Bill%20of%20Costs.pdf .

Note: If you wish to file a bill of costs, it MUST be submitted on this form and filed, with the clerk, with proof of service, within 14 days of the date of entry of judgment, and in accordance with 9th Circuit Rule 39-1. A late bill of costs must be accompanied by a motion showing good cause. Please refer to FRAP 39, 28 U.S.C. § 1920, and 9th Circuit Rule 39-1 when preparing your bill of costs. __________ v. __________ 9th Cir. No. __________ The Clerk is requested to tax the following costs against: __________

Cost Taxableunder FRAP 39,28 U.S.C. § 1920,9th Cir. R.39-1	REQUESTED(Each Column Must Be Completed)	ALLOWED(To Be Completed by the Clerk)
	No. ofDocs.	Pages perDoc.	Cost perPage*	TOTALCOST	No. ofDocs.	Pages perDoc.	Cost perPage*	TOTALCOST
Excerpt of Record	___	___	$ ___	$ ___	___	___	$ ___	$ ___
Opening Brief	___	___	$ ___	$ ___	___	___	$ ___	$ ___
Answering Brief	___	___	$ ___	$ ___	___	___	$ ___	$ ___
Reply Brief	___	___	$ ___	$ ___	___	___	$ ___	$ ___
Other**	___	___	$ ___	$ ___	___	___	$ ___	$ ___
TOTAL:	$ ___	TOTAL:	$ ___

^* Costs per page: May not exceed .10or actual cost, whichever is less. 9th Circuit Rule 39-1. ^** Other: Any other requests must be accompanied by a statement explaining why the item(s) should be taxed pursuant to 9th Circuit Rule 39-1. Additional items without such supporting statements will not be considered. Attorneys' fees cannot be requested on this form. Form 10. Bill of Costs - Continued I, __________ , swear under penalty of perjury that the services for which costs are taxed were actually and necessarily performed, and that the requested costs were actually expended as listed. Signature __________ ("s/" plus attorney's name if submitted electronically) Date __________ Name of Counsel: __________ Attorney for: __________

(To Be Completed by the Clerk)

Date __________ Costs are taxed in the amount of $ __________

Clerk of Court

By: __________ , Deputy Clerk