Filed: Feb. 23, 2009
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1774 DESHANTA HINTON, Plaintiff - Appellant, v. LANHAM FORD MOTOR COMPANY; PAUL TIMKO, Special Agent for the FBI; KAREN NESTER, Special Agent for the FBI; UNKNOWN FBI AGENTS; UNITED STATES DEPARTMENT OF JUSTICE, Federal Bureau of Investigation, Defendants – Appellees, and JOHN DOE, General Manager, Lanham Ford Motor Company, Defendant. Appeal from the United States District Court for the District of Maryland, at Greenbelt.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1774 DESHANTA HINTON, Plaintiff - Appellant, v. LANHAM FORD MOTOR COMPANY; PAUL TIMKO, Special Agent for the FBI; KAREN NESTER, Special Agent for the FBI; UNKNOWN FBI AGENTS; UNITED STATES DEPARTMENT OF JUSTICE, Federal Bureau of Investigation, Defendants – Appellees, and JOHN DOE, General Manager, Lanham Ford Motor Company, Defendant. Appeal from the United States District Court for the District of Maryland, at Greenbelt. A..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1774
DESHANTA HINTON,
Plaintiff - Appellant,
v.
LANHAM FORD MOTOR COMPANY; PAUL TIMKO, Special Agent for the
FBI; KAREN NESTER, Special Agent for the FBI; UNKNOWN FBI
AGENTS; UNITED STATES DEPARTMENT OF JUSTICE, Federal Bureau
of Investigation,
Defendants – Appellees,
and
JOHN DOE, General Manager, Lanham Ford Motor Company,
Defendant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District
Judge. (8:05-cv-02425-AW)
Submitted: February 19, 2009 Decided: February 23, 2009
Before WILKINSON, DUNCAN, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
DeShanta Hinton, Appellant Pro Se. Charles Henry Henderson, John
Paul Lynch, MCNAMEE, HOSEA, JERNIGAN, KIM, GREENAN & WALKER, PA,
Greenbelt, Maryland; Ariana Wright Arnold, Assistant United
States Attorney, Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
DeShanta Hinton appeals from the district court’s
order denying her motion to extend the time for filing a notice
of appeal from the district court’s final ruling in Hinton’s 42
U.S.C. § 1983 (2000) proceeding. Hinton asserted that she never
received notice of the district court’s judgment. However,
under Fed. R. App. P. 4(a)(6), a court may only reopen the time
to file an appeal in these circumstances when the motion to
reopen is filed within either 180 days after the judgment or
order is entered or within seven days after the moving party
receives notice, whichever is earlier. Here, the final order
was entered on May 16, 2007; Hinton admits that she received
notice on February 14, 2008; however, she did not file her
motion to reopen until March 24. Thus, because both time
periods in Rule 4(a)(6) had already expired, the district court
was without jurisdiction to reopen the appeal period.
Accordingly, we affirm the district court’s order. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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