Marie Assa'ad-Faltas v. State of South Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:11-cv-02958-RMG Copies to all parties and the district court/agency. [998924094]. Mailed to: MARIE THERESE ASSA'AD-FALTAS. [12-1233, 12-1243]

Appeal: 12-1233

Doc: 19

Filed: 08/24/2012

Pg: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-1233

MARIE THERESE ASSA'AD-FALTAS,
Party-in-Interest – Appellant,
and
UNITED STATES OF AMERICA,
Plaintiff,

v.
STATE OF SOUTH CAROLINA; NIKKI HALEY, in
capacity as the Governor of South Carolina,

her

official

Defendants - Appellees.

No. 12-1243

MARIE THERESE ASSA'AD-FALTAS,
Party-in-Interest – Appellant,
and
LOW COUNTRY IMMIGRATION COALITION; MUJERES DE TRIUNFO;
NUEVOS CAMINOS; SOUTH CAROLINA VICTIM ASSISTANCE NETWORK;
SOUTH
CAROLINA
HISPANIC
LEADERSHIP
COUNCIL;
SERVICE
EMPLOYEES INTERNATIONAL UNION; SOUTHERN REGIONAL JOINT BOARD
OF WORKERS UNITED; JANE DOE, No. 1; Jane Doe, No. 2; JOHN
DOE, No. 1; YAJAIRA BENET-SMITH; KELLER BARRON; JOHN
MCKENZIE; SANDRA JONES
Plaintiffs,

Appeal: 12-1233

Doc: 19

Filed: 08/24/2012

Pg: 2 of 4

and
UNITED STATES OF AMERICA,
Party-in-Interest,

v.
JAMES ALTON CANNON, in his official capacity as the Sheriff
of Charleston County; SCARLETT A. WILSON, in her official
capacity as Solicitor of the Ninth Judicial Circuit; ALAN
WILSON, in his official capacity as Attorney General of the
State of South Carolina; STATE OF SOUTH CAROLINA; NIKKI
HALEY, in her official capacity as the Governor of South
Carolina,
Defendants - Appellees.

Appeals from the United States District Court for the District
of South Carolina, at Charleston. Richard Mark Gergel, District
Judge. (2:11-cv-02958-RMG; 2:11-cv-02779-RMG)

Submitted:

August 22, 2012

Decided:

August 24, 2012

Before WILKINSON, GREGORY, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Marie Therese Assa'ad-Faltas, Appellant Pro Se. Robert D. Cook,
OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia,
South Carolina, James Emory Smith, Jr., Assistant Attorney
General, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2

Appeal: 12-1233

Doc: 19

Filed: 08/24/2012

Pg: 3 of 4

PER CURIAM:
In these consolidated appeals, Marie Therese Assa’adFaltas seeks to appeal the district court’s orders denying her
motions

to

intervene

in

two

district

court

actions,

order denying her Fed. R. Civ. P. 59(e) motion.

and

its

We dismiss the

appeals for lack of jurisdiction because Assa’ad-Faltas did not
timely appeal.
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).

When the United States or its

officer or agency is a party, the notice of appeal must be filed
no more than sixty days after the entry of the district court’s
final judgment or order.

Fed. R. App. P. 4(a)(1)(B).

Although

the district court may extend the appeal period under Fed. R.
App. P. 4(a)(5), or reopen 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).
The district court’s orders were entered on the docket
on November 7, 2011, November 10, 2011, and December 14, 2011,
respectively.

The notice of appeal was filed on February 17,

2012.

Because Assa’ad-Faltas failed to file timely notices of

appeal

or

obtain

an

extension

or

reopening

of

the

appeal

periods, we deny leave to proceed in forma pauperis and dismiss
3

Appeal: 12-1233

Doc: 19

the appeals.
file

a

Filed: 08/24/2012

We also deny as moot Assa’ad-Faltas’s motions to

surreply

pending

the

Pg: 4 of 4

brief

Supreme

and

to

Court’s

place

the

decision

appeals

in

in

Arizona

abeyance

v.

United

States, 132 S. Ct. 2492 (2012).
We dispense with oral argument because the facts and
legal
before

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

DISMISSED

4