In re: WILLIAM ROBERT NORRIE v. Kelly Mallen;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: WILLIAM ROBERT NORRIE,
Debtor.
______________________________
WILLIAM ROBERT NORRIE,
Appellant,
v.
KELLY MALLEN; et al.,
Appellees.
No. 18-55549
D.C. No. 2:17-cv-08718-AB
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Andre Birotte, Jr., District Judge, Presiding
Submitted July 15, 2019**
Before: SCHROEDER, SILVERMAN, and CLIFTON, Circuit Judges.
Chapter 7 debtor William Robert Norrie appeals pro se from the district
court’s judgment dismissing his appeal of the bankruptcy court’s November 9,
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUL 19 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2017 order denying Norrie’s motion for relief under Federal Rule of Civil
Procedure 60(b)(3). We must consider jurisdiction sua sponte. Greene v. United
States (In re Souza), 795 F.2d 855, 857 n.1 (9th Cir. 1986). We vacate and
remand.
The district court lacked jurisdiction to entertain this appeal because the
notice of appeal was untimely. Norrie’s notice of appeal from the bankruptcy
court’s November 9, 2017 order was filed on December 1, 2017, more than 14
days after entry of the bankruptcy court’s order. See 28 U.S.C. § 158(c)(2); Fed.
R. Bankr. P. 8002(a)(1) (notice of appeal from bankruptcy court order must be
filed within 14 days after filing date of order); Wiersma v. Bank of the West (In re
Wiersma), 483 F.3d 933, 938 (9th Cir. 2007) (timely appeal requirement is
jurisdictional); Anderson v. Mouradick (In re Mouradick), 13 F.3d 326, 327 (9th
Cir. 1994) (“[T]he untimely filing of a notice of appeal deprives the appellate court
of jurisdiction to review the bankruptcy court’s order.” (citations omitted)). We
vacate the judgment of the district court and remand the case for dismissal. See
Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 541 (1986) (when a lower
court lacks jurisdiction, appellate court has jurisdiction over the appeal, not of the
merits, but merely for the purpose of correcting the error of the lower court in
entertaining the suit).
Norrie’s request for judicial notice (Docket Entry No. 6) is denied as

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unnecessary.
VACATED and REMANDED.

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