Yahyi Shiheed v. Lionel Burnett

U.S. Court of Appeals for the Fourth Circuit

Yahyi Shiheed v. Lionel Burnett

Opinion

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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).

2

Reference

Status
Unpublished