Onaje Seabrook v. LT. Carter
Onaje Seabrook v. LT. Carter
Opinion
USCA4 Appeal: 25-6699 Doc: 16 Filed: 12/23/2025 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 25-6699
ONAJE KUDURA SEABROOK,
Plaintiff - Appellant,
v.
LT. CARTER; SGT. MILES PERKINS,
Defendants - Appellees,
and
JANE DOE #3, Health Care Authority; JANE DOE #2, Nurse; JANE DOE #1, Nurse; JANE DOE #4, Nurse,
Defendants.
Appeal from the United States District Court for the District of South Carolina, at Aiken. Richard Mark Gergel, District Judge. (1:23-cv-00007-RMG)
Submitted: December 18, 2025 Decided: December 23, 2025
Before NIEMEYER and BERNER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion. USCA4 Appeal: 25-6699 Doc: 16 Filed: 12/23/2025 Pg: 2 of 3
Onaje Kudura Seabrook, Appellant Pro Se. Charles Clifford Rollins, RICHARDSON PLOWDEN & ROBINSON, PA, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
2 USCA4 Appeal: 25-6699 Doc: 16 Filed: 12/23/2025 Pg: 3 of 3
PER CURIAM:
Onaje Kudura Seabrook seeks to appeal the district court’s order accepting the
magistrate judge’s recommendation and granting summary judgment in favor of the
defendants in Seabrook’s
42 U.S.C. § 1983action. We dismiss the appeal for lack of
jurisdiction because the notice of appeal was not timely filed.
In civil cases, parties have 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). “The timely filing of a notice of appeal in a civil case is a
jurisdictional requirement.” Bowles v. Russell,
551 U.S. 205, 214(2007) (citation
modified).
The district court entered its amended judgment on July 8, 2025, and the appeal
period expired on August 7, 2025. Seabrook filed the notice of appeal on August 14, 2025. *
He failed to file a timely notice of appeal or to obtain an extension or reopening of the
appeal period. Accordingly, we deny Seabrook’s pending motion to appoint counsel, and
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
* Seabrook certified that he delivered the notice to prison officials for mailing to the court on August 14. See Fed. R. App. P. 4(c)(1); Houston v. Lack,
487 U.S. 266, 276(1988).
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Reference
- Status
- Unpublished