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Wheeler-Christ v. Montgomery County Maryland

United States Court of Appeals, Fourth Circuit
Feb 16, 2011
411 F. App'x 585 (4th Cir. 2011)

Opinion

No. 10-2063.

Submitted: February 10, 2011.

Decided: February 16, 2011.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:06-cv-01925-AW).

Marsha E. Wheeler-Christ, Appellant Pro Se. Karen Louise Federman Henry, County Attorney's Office, Rockville, Maryland, for Appellee.

Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Marsha E. Wheeler-Christ seeks to appeal the district court's order dismissing her civil complaint. 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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court's order was entered on the docket on August 13, 2010. The notice of appeal was filed on September 15, 2010, thirty-two days later. Because Wheeler-Christ failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We deny Wheeler-Christ's motion for appointment of counsel. 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.

DISMISSED.


Summaries of

Wheeler-Christ v. Montgomery County Maryland

United States Court of Appeals, Fourth Circuit
Feb 16, 2011
411 F. App'x 585 (4th Cir. 2011)
Case details for

Wheeler-Christ v. Montgomery County Maryland

Case Details

Full title:Marsha E. WHEELER-CHRIST, Plaintiff-Appellant, MONTGOMERY COUNTY MARYLAND…

Court:United States Court of Appeals, Fourth Circuit

Date published: Feb 16, 2011

Citations

411 F. App'x 585 (4th Cir. 2011)