
USCA1 Opinion

	




          January 27, 1994      [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ___________________          No. 93-1749                                           GERALDINE MARIE WALKUP,                                Plaintiff, Appellant,                                          v.                                 M. ELLEN CARPENTER,                                 Defendant, Appellee.                                  __________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF MASSACHUSETTS                     [Hon. William G. Young, U.S. District Judge]                                             ___________________                                 ___________________                                        Before                                 Breyer, Chief Judge,                                         ___________                            Selya and Cyr, Circuit Judges.                                           ______________                                 ___________________               Geraldine Marie Walkup on brief pro se.               ______________________               M. Ellen Carpenter, Leila R. Kern, and  Kern, Hagerty, Roach               __________________  _____________       ____________________          & Carpenter, P.C. on brief for appellee.          _________________                                  __________________                                  __________________                      Per Curiam.  This case  is before us on appeal from                      __________            an order of the United States District Court for the District            of Massachusetts affirming a decision of the bankruptcy court            allowing a  motion to  sell property.   The  bankruptcy court            order was  entered on the  docket sheet on January  14, 1993.            Appellant  Walkup did  not file  her notice  of  appeal until            February 17, 1993, twenty-three days after the ten day period            for filing  a notice of  appeal had expired.   See Bankruptcy                                                           ___            Rule 8002(a).   Timely filing of a notice  of appeal pursuant            to  Rule  8002  is  mandatory  and  jurisdictional.    In  re                                                                   ______            Abdallah, 778 F.2d 75, 77  (1st Cir. 1985), cert. denied, 476            ________                                    ____________            U.S. 1116 (1986).  Accordingly, the untimely notice of appeal            deprived the  district court  of jurisdiction  to review  the            bankruptcy court order.  Furthermore, we lack jurisdiction to            review the issues on appeal,  since our jurisdiction to do so            is  dependent upon a  proper exercise of  jurisdiction below.            Id.              __                      The appeal  is dismissed for  lack of jurisdiction.            The order  of the district  court is hereby vacated,  and the            case  is remanded  so that  the district  court may  enter an            order dismissing the appeal.                                         -2-
