73 F. App'x 764

Dianne BOLEN; Therold Bolen, Plaintiffs-Appellants, v. MISSISSIPPI ADMINISTRATIVE SERVICES, INC., Defendant-Appellee.

No. 02-60942.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Sept. 5, 2003.

Duncan Lee Lott, Booneville, MS, for Plaintiffs-Appellants.

James P Streetman, III, Calvin Paige Herring, Clark, Scott & Streetman, Ridge-land, MS, for Defendant-Appellee.

Before REAVLEY, JOLLY and DENNIS, Circuit Judges.

PER CURIAM.*

The district court entered an order under 28 U.S.C. § 1292(b) granting appellants’ motion for permission to appeal the court’s interlocutory order denying their motion to remand. Appellants did not file with this court a request for permissive appeal within ten days of the district court’s § 1292(b) order, as required by Fed. R.App. P. 5. We therefore lack appellate jurisdiction, and must dismiss this appeal. See Aucoin v. Matador Servs., Inc., 749 F.2d 1180 (5th Cir.1985). Appellants ask that the rules be suspended under Fed. R.App. P. 2, but Rule 2 provides that the rules may be suspended “except as otherwise provided in Rule 26(b),” and Fed. R.App. P. 26(b) provides that we may not extend the time for filing a petition for permission to appeal.

DISMISSED.

Bolen v. Mississippi Administrative Services, Inc.
73 F. App'x 764

Case Details

Name
Bolen v. Mississippi Administrative Services, Inc.
Decision Date
Sep 5, 2003
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73 F. App'x 764

Jurisdiction
United States

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