IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-51186
Conference Calendar
FRANCES WILEY,
Plaintiff-Appellant,
versus
SBC COMMUNICATIONS, INC., doing business
as Southwestern Bell; SOUTHWESTERN BELL PUBLIC
COMMUNICATIONS, doing business as Southwestern
Bell; SOUTHWESTERN BELL CORPORATION,,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-99-CV-996
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June 14, 2001
Before WIENER, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Frances Wiley, pro se, appeals the district court's summary-
judgment dismissal of her complaint and the district court's
denial of her motion for permission to appeal the summary-
judgment, construed as a motion to reopen the time to file an
appeal pursuant to Fed. R. App. P. 4(a)(6). Wiley filed her
notice of appeal more than 30 days after the judgment, and
therefore the notice of appeal is untimely. See Fed. R. App. P.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-51186
-2-
4(a)(1)(A). Rule 4(a)(6) provides that a motion to reopen the
time to appeal must be filed within 180 days after the judgment
or order is entered or within seven days after the moving party
receives notice of the entry, whichever is earlier. The
appellant acknowledges that she received notice of the July 3,
2000, judgment on September 8, 2000, but she did not file her
motion until October 25, 2000. Because Wiley did not file her
motion to reopen the time to appeal within seven days after she
learned of the judgment dismissing her complaint, her motion to
reopen was untimely. See Wilkens v. Johnson, 238 F.3d 328, 335-
36 (5th Cir. 2001). Under these circumstances, the district
court did not abuse its discretion in denying the motion to
reopen the time to appeal. See In re Jones, 970 F.2d 36, 39 (5th
Cir. 1992).
The appeal from the district court's summary judgment is
DISMISSED. The district court's denial of appellant's motion to
reopen the time to appeal is AFFIRMED. All outstanding motions
are DENIED.