Lee v. Dow Chemical Co

Court of Appeals for the Fifth Circuit · Dec 13, 2001

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-20060 Conference Calendar

DIONNE LEE, formerly known as Dionne Lee Simons,

Plaintiff-Appellant, versus

THE DOW CHEMICAL COMPANY ET AL.,

Defendants,

THE DOW CHEMICAL COMPANY; THOMAS D. CRONIN, M.D.; FRANK J. GEROW, M.D.; AESTHETECH; BRISTOL-MYERS SQUIBB, INC.; THE COOPER COMPANIES; COOPERSURGICAL; CV SUB 1987; VICKI GALATI: MEC,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-95-CV-9401 -------------------- December 12, 2001 Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Dionne Lee seeks to appeal the summary-judgment dismissal of her lawsuit. This court must examine the basis of its jurisdiction on its own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir. 1987). Lee’s notice of appeal was filed more than 30 days after the entry of the judgment she seeks to appeal. Fed. R. App. P. 4(a)(1)(A). Lee filed no motion that

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-20060 -2-

would affect the running of the 30-day period. Fed. R. App. P. 4(a)(4)(A). Consequently, her appeal is untimely and we do not have appellate jurisdiction. See Nelson v. Foti, 707 F.2d 170, 171-72 (5th Cir. 1983). Because we lack jurisdiction, Lee’s appeal is DISMISSED and all outstanding motions are DENIED.