Owen Silvious v. AFNI, Incorporated

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

Owen Silvious v. AFNI, Incorporated

Doc. 0

Case: 09-2164

Document: 28

Date Filed: 03/04/2011

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Dismissed by unpublished per curiam opinion.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

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Unpublished opinions are not binding precedent in this circuit.

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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).

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adequately

presented

in

the

materials

before

the

court

and

argument would not aid the decisional process. DISMISSED

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