Filed: Jan. 17, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1790 KIMBERLY T. SPENCE, f/k/a Kimberly S. Willis, Plaintiff - Appellant, and WILLIAM M. WINDSOR, Plaintiff, v. CARL J. WILLIS, II, Defendant - Appellee, and WELLSTAR MEDICAL GROUP PEDIATRIC & ADOLESCENT CENTER; ROMAN CATHOLIC CHURCH CARDINALS, of Atlanta; ROMAN CATHOLIC ARCHDIOCESE, of Atlanta; ST. JOHN THE EVANGELIST CATHOLIC SCHOOL AND LEADERSHIP; UNITED METHODIST CHURCH BISHOPS; BEN HILL UNITED METHODIST CHURCH; BEN HIL
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1790 KIMBERLY T. SPENCE, f/k/a Kimberly S. Willis, Plaintiff - Appellant, and WILLIAM M. WINDSOR, Plaintiff, v. CARL J. WILLIS, II, Defendant - Appellee, and WELLSTAR MEDICAL GROUP PEDIATRIC & ADOLESCENT CENTER; ROMAN CATHOLIC CHURCH CARDINALS, of Atlanta; ROMAN CATHOLIC ARCHDIOCESE, of Atlanta; ST. JOHN THE EVANGELIST CATHOLIC SCHOOL AND LEADERSHIP; UNITED METHODIST CHURCH BISHOPS; BEN HILL UNITED METHODIST CHURCH; BEN HILL..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-1790
KIMBERLY T. SPENCE, f/k/a Kimberly S. Willis,
Plaintiff - Appellant,
and
WILLIAM M. WINDSOR,
Plaintiff,
v.
CARL J. WILLIS, II,
Defendant - Appellee,
and
WELLSTAR MEDICAL GROUP PEDIATRIC & ADOLESCENT CENTER;
ROMAN CATHOLIC CHURCH CARDINALS, of Atlanta; ROMAN CATHOLIC
ARCHDIOCESE, of Atlanta; ST. JOHN THE EVANGELIST CATHOLIC
SCHOOL AND LEADERSHIP; UNITED METHODIST CHURCH BISHOPS;
BEN HILL UNITED METHODIST CHURCH; BEN HILL CHRISTIAN
ACADEMY; WOODWARD ACADEMY; GEORGIA FARM BUREAU
MUTUAL INSURANCE COMPANY; GEORGIA FARM BUREAU CASUALTY
INSURANCE COMPANY; CREATE-A-LOAD KENNESAW; REUNION
PLACE SUBDIVISION; PAT ASTRIN; RE/MAX OF GEORGIA; PAT ASTRIN
PROPERTY MANAGEMENT LLC; CHELSEA BYNUM; MIA NICOLE
SPENCER; MAID OF THE MIST CORPORATION; SEAN M. BOUSHIE;
UNIVERSITY OF MONTANA; UNITED STATES OF AMERICA,
Defendants.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:17-cv-00272-D)
Submitted: November 14, 2018 Decided: January 17, 2019
Before NIEMEYER, KING, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kimberly T. Spence, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
2
PER CURIAM:
Kimberly T. Spence seeks to appeal the district court’s order adopting the
memorandum and recommendation of the magistrate judge and dismissing Spence’s civil
complaint as frivolous. We dismiss the appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
Where, as here, the United States or its officer or agency is a party, the notice of
appeal must be filed no more than 60 days after the entry of the district court’s final
judgment or order, Fed. R. App. P. 4(a)(1)(B), 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 order was entered on the docket on December 18, 2017. The
notice of appeal was filed on July 10, 2018. Because Spence failed to file a timely notice
of appeal or to obtain an extension or reopening of the appeal period, we dismiss the
appeal, deny as moot her motions to proceed in forma pauperis, and deny all remaining
pending motions and petitions. ∗ 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
∗
Spence’s petitions and motion for initial hearing en banc and her petition for
rehearing en banc were circulated to the full court. No judge requested a poll under Fed.
R. App. P. 35.
3