Owen Silvious v. AFNI, Incorporated

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:07-cv-00145-FPS-JES Copies to all parties and the district court/agency. [998537726] [09-2164]

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Owen Silvious v. AFNI, Incorporated Doc. 0 Case: 09-2164 Document: 28 Date Filed: 03/04/2011 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2164 OWEN FRANKLIN SILVIOUS, Plaintiff Appellant, v. AFNI, INCORPORATED, Defendant Appellee, and MIDLAND CREDIT MANAGEMENT INCORPORATED; ENCORE CAPITAL GROUP, INCORPORATED; ACCOUNT SERVICES; APPLIED CARD BANK; CREDIGY RECEIVABLES, INCORPORATED; CREDIT ONE BANK; LTD FINANCIAL SERVICES, LP, Defendant. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:07-cv-00145-FPS-JES) Submitted: February 28, 2011 Decided: March 4, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Owen Franklin Silvious, Appellant Pro Se. Daniel Todd Booth, BOOTH & MCCARTHY, Bridgeport, West Virginia, for Appellee. Dockets.Justia.com Case: 09-2164 Document: 28 Date Filed: 03/04/2011 Page: 2 Unpublished opinions are not binding precedent in this circuit. 2 Case: 09-2164 Document: 28 Date Filed: 03/04/2011 Page: 3 PER CURIAM: Owen Franklin Silvious seeks to appeal the district court's order accepting of the for and adopting judge, judgment, the the report and AFNI, recommendation Incorporated's Silvious' civil magistrate summary We dismiss granting and motion dismissing lack of action. appeal for 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 (2007). The district court's order was entered on the docket on August 3, 2009. The notice of appeal was filed sixty-three Because Silvious failed to file days later, on October 5, 2009. * a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. oral * We dispense with contentions are argument because the facts and legal 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 properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266, 276 (1988). 3 Case: 09-2164 Document: 28 Date Filed: 03/04/2011 Page: 4 adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 4

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