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Schafler v. HSBC Bank USA

United States Court of Appeals, Fourth Circuit
Jun 4, 2010
381 F. App'x 282 (4th Cir. 2010)

Opinion

No. 09-2298.

Submitted: June 1, 2010.

Decided: June 4, 2010.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:09-cv-01758-AW).

Pepi Schafler, Appellant Pro Se. Sean Charles McPhee, Phillips Lytle LLP, Buffalo, New York; Alexander Craig Vincent, Shulman, Rogers, Gandal, Pordy Ecker, PA, Potomac, Maryland; Heather R. Beygo, Kimberly Lynn Limbrick, Grosswhite Limbrick Sinclair, LLP, Baltimore, Maryland; Kevin Miles Kearney, Hodgson Russ, LLP, Buffalo, New York, for Appeelees.

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

Affirmed in part; dismissed in part by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Pepi Schafler appeals the district court's order dismissing her complaint. On appeal, we confine our review to the issues raised in the Appellant's brief. See 4th Cir. R. 34(b). Because Schafler's informal brief does not challenge the basis for the district court's disposition, Schafler has forfeited appellate review of the court's order.

Schafler also seeks to appeal the district court's order imposing a pre-filing injunction and awarding Defendants attorneys' fees. We dismiss the appeal for lack of jurisdiction because the notice of appeal for that order was not timely filed.

The amount of attorneys' fees to be awarded has yet to be determined by the district court.

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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court's order was entered on the docket on November 9, 2009. The notice of appeal was filed on December 16, 2009. Because Schafler failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal as to this 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 IN PART; DISMISSED IN PART.


Summaries of

Schafler v. HSBC Bank USA

United States Court of Appeals, Fourth Circuit
Jun 4, 2010
381 F. App'x 282 (4th Cir. 2010)
Case details for

Schafler v. HSBC Bank USA

Case Details

Full title:Pepi SCHAFLER, Plaintiff -Appellant, v. HSBC BANK USA, Martin J. Glynn…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 4, 2010

Citations

381 F. App'x 282 (4th Cir. 2010)

Citing Cases

Schafler v. Field

Id., ECF No. 55. The Fourth Circuit affirmed the judgment on June 1, 2010. See Schafler v. HSBC Bank USA, 381…

In re Schafler

Id., ECF No. 55. The Fourth Circuit affirmed the judgment on June 1, 2010. See Schafler v. HSBC Bank USA, 381…