Filed: Jul. 28, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1446 CURVES INTERNATIONAL, INC., Plaintiff, and CURVES OF WALKERTON; JOHN DOES 1-10, individuals whose identities are as of yet unknown; TEAM WRIGHT LOSS GURU, LLC; ABC CORPORATIONS 1-10, Defendants, and TONI MCELVEEN, Defendant - Appellant, v. VONDA HARDY; BARRY HARDY; BARVON ENTERPRISES, LLC, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Will
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1446 CURVES INTERNATIONAL, INC., Plaintiff, and CURVES OF WALKERTON; JOHN DOES 1-10, individuals whose identities are as of yet unknown; TEAM WRIGHT LOSS GURU, LLC; ABC CORPORATIONS 1-10, Defendants, and TONI MCELVEEN, Defendant - Appellant, v. VONDA HARDY; BARRY HARDY; BARVON ENTERPRISES, LLC, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Willi..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1446
CURVES INTERNATIONAL, INC.,
Plaintiff,
and
CURVES OF WALKERTON; JOHN DOES 1-10, individuals whose
identities are as of yet unknown; TEAM WRIGHT LOSS GURU,
LLC; ABC CORPORATIONS 1-10,
Defendants,
and
TONI MCELVEEN,
Defendant - Appellant,
v.
VONDA HARDY; BARRY HARDY; BARVON ENTERPRISES, LLC,
Defendants - Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. William L. Osteen,
Jr., Chief District Judge. (1:11-cv-00456-WO-JEP)
Submitted: July 24, 2014 Decided: July 28, 2014
Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Toni McElveen, Appellant Pro Se. Robert A. Hartsoe, HARTSOE &
ASSOCIATES, PC, Winston-Salem, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Toni McElveen seeks to appeal from the entry of a
default judgment against her under Fed. R. Civ. P. 55(b)(2)
following her failure to plead or otherwise defend against the
third-party civil action and cross-claims commenced against her
by Vonda Hardy, Barry Hardy, and BarVon Enterprises, LLC.
We dismiss the appeal for lack of jurisdiction because the
notice of appeal was not timely filed.
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 district court’s judgment was entered on the
docket on March 31, 2014. The notice of appeal was filed on
May 2, 2014. Because McElveen failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal
period, we deny leave to proceed in forma pauperis and dismiss
the appeal. We dispense with oral argument because the facts
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and legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
DISMISSED
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