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MWABIRA-SIMERA v. THOMPSON HOSPITALITY SERVICES, LLP, 13-1487. (2013)

Court: Court of Appeals for the Fourth Circuit Number: infco20130903097 Visitors: 13
Filed: Sep. 03, 2013
Latest Update: Sep. 03, 2013
Summary: UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM. Samuel H. Mwabira-Simera filed a notice of appeal concerning two cases consolidated in the district court. The notice of appeal does not identify what district court order he wishes to appeal; however, because the notice of appeal is untimely as to any and all orders below, we dismiss the appeal for lack of jurisdiction. Fed. R. App. P. 4(a)(1)(A) (setting out time limits for noting appeal in civil cases
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UNPUBLISHED

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM.

Samuel H. Mwabira-Simera filed a notice of appeal concerning two cases consolidated in the district court. The notice of appeal does not identify what district court order he wishes to appeal; however, because the notice of appeal is untimely as to any and all orders below, we dismiss the appeal for lack of jurisdiction. Fed. R. App. P. 4(a)(1)(A) (setting out time limits for noting appeal in civil cases not involving the United States or its employees or agencies); see also Fed. R. App. P. 3(c)(1)(B) (stating notice of appeal must "designate the judgment, order, or part thereof being appealed").

Parties are accorded thirty days after the entry of the district court's final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). "[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement." Bowles v. Russell, 551 U.S. 205, 214 (2007).

The most recent district court order was entered on the district court docket in August 2012. The notice of appeal was filed on April 12, 2013. Because Mwabira-Simera failed to file a timely notice of appeal, we deny leave to proceed in forma pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED.

Source:  Leagle

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