Oliver Coleman v. Board of Education of Prince George's County
Oliver Coleman v. Board of Education of Prince George's County
Opinion
USCA4 Appeal: 23-1727 Doc: 15 Filed: 02/01/2024 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 23-1727
OLIVER RICARDO COLEMAN,
Plaintiff - Appellant,
v.
BOARD OF EDUCATION PRINCE GEORGE’S COUNTY,
Defendant - Appellee.
Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah Lynn Boardman, District Judge. (8:21-cv-00068-DLB)
Submitted: January 11, 2024 Decided: February 1, 2024
Before KING and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Oliver R. Coleman, Appellant Pro Se. Edmund J. O’Meally, PESSIN KATZ LAW, P.A., Towson, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1727 Doc: 15 Filed: 02/01/2024 Pg: 2 of 2
PER CURIAM:
Oliver Ricardo Coleman appeals the district court’s order granting the Board of
Education of Prince George’s County’s (“Board”) motion to dismiss his complaint alleging
violations of Title II of the Americans with Disabilities Act,
42 U.S.C. §§ 12132, 12133;
Section 504 of the Rehabilitation Act,
29 U.S.C. § 794(a); and the Individuals with
Disabilities Act,
20 U.S.C. §§ 1400to 1482. The Board has moved to dismiss the appeal
as untimely. In a civil case, parties are accorded 30 days after the entry of the district
court’s final judgment to note an appeal. See Fed. R. App. 4(a)(1)(A). A judgment is
entered for purposes of Rule 4(a) when it is entered in the civil docket and set forth on a
separate document, or 150 days have run from entry of the judgment in the civil docket.
Fed. R. App. P. 4(a)(7)(A)(ii); see Fed. R. Civ. P. 58(a). Here, the district court’s order
was entered on the civil docket on June 2, 2023, but it was not accompanied by a separate
document. Therefore, Coleman had 150 days to note an appeal. Coleman’s notice of
appeal, filed on July 10, 2023, was not untimely.
Turning to the merits of the appeal, we have reviewed the record and find no
reversible error. Accordingly, we deny the Board’s motion to dismiss the appeal as
untimely and affirm the district court’s order. 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.
AFFIRMED
2
Reference
- Status
- Unpublished