UNITED STATES OF AMERICA
Before the
COMMODITY FUTURES TRADING COMMISSION

EBB EVERETT

v.

RB&H FINANICAL SERVICES, L.P. HEDGERS, INC. and WILLIIAM F. TIERNAN

CFTC DOCKET NO. 96-R137

ORDER PURSUANT TO

DELEGATED AUTHORITY

On February 7, 1998 complainant Everett filed a late notice of appeal from the January 8, 1998 order of the Judgment Officer dismissing the complaint. Everett has neither demonstrated excusable neglect for his late filing nor attempted to perfect his appeal by filing a brief. Accordingly, his appeal is dismissed. See In re Paragon Futures Ass’n, [1990-1992 Transfer Binder] Comm. Fut. L. Rep. (CCH) ¶ 25,266 (CFTC Apr. 1, 1992); see also 17 C.F.R. §§ 12.401(a)-(b).

IT IS SO ORDERED.

__________________________

J. Douglas Richards

Deputy General Counsel

Commodity Futures Trading Commission

Dated: April 9, 1998