Shekhem Bey v. Zurich North America Ins. Co.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [998669818-2]. Originating case number: 3:09-cv-00459-RJC-DCK. Copies to all parties and the district court/agency. [998783465]. Mailed to: Shekhem Bey. [11-1483]

Appeal: 11-1483

Document: 19

Date Filed: 02/08/2012

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-1483

SHEKHEM BEY, a/k/a Shekhem Daawuud El Amen Bey,
Plaintiff – Appellant,
v.
ZURICH NORTH AMERICA INSURANCE COMPANY,
Defendant - Appellee.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge. (3:09-cv-00459-RJC-DCK)

Submitted:

January 25, 2012

Decided:

February 8, 2012

Before SHEDD, DAVIS, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Shekhem Bey, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-1483

Document: 19

Date Filed: 02/08/2012

Page: 2 of 2

PER CURIAM:
Shekhem Bey seeks to appeal the district court’s order
dismissing this action for failure to comply with a court order.
We

dismiss

the

appeal

for

lack

of

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 January 28, 2010.
2011.

The notice of appeal was filed on March 9,

Because Bey failed to file a timely notice of appeal or

to obtain an extension or reopening of the appeal period, we
deny leave to proceed in forma pauperis and dismiss the appeal.
We

dispense

with

oral

argument

because

the

facts

and

legal

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

DISMISSED

2