HaLeivi v. Congress & President

U.S. Court of Appeals for the Fourth Circuit December 14, 2004

HaLeivi v. Congress & President, 115 F. App'x 132 (4th Cir. 2004)

Opinion

PER CURIAM:

Yerachmiel P. HaLeivi appeals the district court’s order adopting the report and recommendation of the magistrate judge and granting Defendants’ motion to dismiss his civil action. * We have reviewed *133 the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See HaLeivi v. Congress and President, CA-03-196-5 (S.D.W.Va. Mar. 31, 2004). 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

We note that although HaLeivi did not file his notice of appeal until August 3, 2004, which was 125 days after the district court’s final order, we have jurisdiction over the appeal due to the district court’s failure to enter judgment on a separate document as required *133 by Fed.R.Civ.P. 58. See Quinn v. Haynes, 234 F.3d 837, 843 (4th Cir. 2000).

Reference

Full Case Name: Yerachmiel P. HALEIVI, Constitutionalist, Plaintiff—Appellant, v. CONGRESS AND PRESIDENT, House and Senate; United States President, Defendants—Appellees
Status: Unpublished