Ballard v. Walnut Creek Mining

¶1 Margaret Ballard moves for permission to appeal in forma pauperis (IFP) the dismissal of her complaint for damages pursuant to 28 U.S.C. § 1915(e)(2)(B) as barred by the statute of limitations. Ballard’s notice of appeal, however, was untimely filed, and the district court did not err in denying her motion to reopen the period for filing a notice of appeal. See Fed. R.App. P. 4(a)(6); Latham v. Wells Fargo Bank, N.A., 987 F.2d 1199, 1202 (5th Cir.1993). We are therefore without jurisdiction to entertain her appeal. See United States v. Merrifield, 764 F.2d 436, 437 (5th Cir.1985). Her IFP motion is therefore DENIED and the APPEAL DISMISSED.