Shekhem Bey v. Zurich North America Insurance Company

U.S. Court of Appeals for the Fourth Circuit
Shekhem Bey v. Zurich North America Insurance Company, 464 F. App'x 163 (4th Cir. 2012)

Shekhem Bey v. Zurich North America Insurance Company

Opinion

PER CURIAM:

Shekhem Bey seeks to appeal the district court’s order dismissing this action for failure to comply with a court order. 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 January 28, 2010. The notice of appeal was filed on March 9, 2011. Because Bey failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny leave to proceed in forma pauperis and dismiss the appeal. 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.

Reference

Full Case Name
Shekhem BEY, A/K/A Shekhem Daawuud El Amen Bey, Plaintiff-Appellant, v. ZURICH NORTH AMERICA INSURANCE COMPANY, Defendant-Appellee
Status
Unpublished