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Lomax v. Bayview Loan Servicing, LLC

Court: Court of Appeals for the Federal Circuit
Date filed: 2023-08-22
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Case: 23-1902     Document: 7      Page: 1   Filed: 08/22/2023




           NOTE: This order is nonprecedential.


   United States Court of Appeals
       for the Federal Circuit
                  ______________________

                     MATTIE LOMAX,
                     Plaintiff-Appellant

                              v.

          BAYVIEW LOAN SERVICING, LLC,
                 Defendant-Appellee
               ______________________

                        2023-1902
                  ______________________

   Appeal from the United States District Court for the
Southern District of Florida in No. 1:11-cv-22219-MGC,
Judge Marcia G. Cooke.
                ______________________

                      ON MOTION
                  ______________________

PER CURIAM.
                         ORDER
    Mattie Lomax moves to waive Public Access to Court
Electronic Records (PACER) fees, ECF No. 4. We deny that
request. And having now considered her response to this
court’s June 2, 2023, order to show cause, we dismiss.
     “[T]he timely filing of a notice of appeal in a civil case
is a jurisdictional requirement,” Bowles v. Russell, 551 U.S.
Case: 23-1902      Document: 7   Page: 2      Filed: 08/22/2023




2                      LOMAX v. BAYVIEW LOAN SERVICING, LLC




205, 214 (2007), and, in order to be timely, a notice of ap-
peal must be filed within 30 days after entry of final judg-
ment, 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). Here,
Ms. Lomax filed her notice more than three and half years
after the October 2019 order she identified in her notice of
appeal. At least because of this untimeliness, we lack ju-
risdiction over the appeal, and we cannot transfer under
28 U.S.C. § 1631 because the appeal would not be timely in
any other court of appeals.
    Accordingly,
    IT IS ORDERED THAT:
    (1) The appeal is dismissed.
    (2) All pending motions are denied.
    (3) Each side shall bear its own costs.
                                      FOR THE COURT

August 22, 2023                       /s/ Jarrett B. Perlow
    Date                              Jarrett B. Perlow
                                      Clerk of Court