Filed: Feb. 21, 2020
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7503 YAHYI ABDUL SHIHEED, Plaintiff - Appellant, v. LIONEL BURNETT; ELLWOOD LYLE; TAMISHA FORBES; EMMANUEL DABIRI; ADELE OLAKANYE; OLUWASEGUN FASHAE; ALBERT OSETOSAFO; SH’COLA WRIGHT, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. George L. Russell, III, District Judge. (1:17-cv-01047-GLR) Submitted: February 18, 2020 Decided: February 21, 2020 Before MOTZ, H
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7503 YAHYI ABDUL SHIHEED, Plaintiff - Appellant, v. LIONEL BURNETT; ELLWOOD LYLE; TAMISHA FORBES; EMMANUEL DABIRI; ADELE OLAKANYE; OLUWASEGUN FASHAE; ALBERT OSETOSAFO; SH’COLA WRIGHT, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. George L. Russell, III, District Judge. (1:17-cv-01047-GLR) Submitted: February 18, 2020 Decided: February 21, 2020 Before MOTZ, HA..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7503
YAHYI ABDUL SHIHEED,
Plaintiff - Appellant,
v.
LIONEL BURNETT; ELLWOOD LYLE; TAMISHA FORBES; EMMANUEL
DABIRI; ADELE OLAKANYE; OLUWASEGUN FASHAE; ALBERT
OSETOSAFO; SH’COLA WRIGHT,
Defendants - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
George L. Russell, III, District Judge. (1:17-cv-01047-GLR)
Submitted: February 18, 2020 Decided: February 21, 2020
Before MOTZ, HARRIS, and QUATTLEBAUM, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Yahyi Abdul Shiheed, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Yahyi Abdul Shiheed seeks to appeal the district court’s order granting Defendants’
motions for summary judgment and dismissing without prejudice Shiheed’s 42 U.S.C.
§ 1983 (2018) complaint. We dismiss the appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
Parties are accorded 30 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 order was entered on the docket on August 20, 2019. The notice
of appeal was filed on October 6, 2019. ∗ Because Shiheed failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal period, we 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
∗
For the purpose of this appeal, we assume that the date appearing on the notice of
appeal is the earliest date it could have been delivered to prison officials for mailing to the
court. Fed. R. App. P. 4(c); Houston v. Lack,
487 U.S. 266, 276 (1988).
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