Albert Littlejohn v. Ocwen Financial Corporation

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:12-cv-01383-JFM Copies to all parties and the district court/agency. [999064898]. Mailed to: Albert Littlejohn. [12-2313]

Appeal: 12-2313

Doc: 14

Filed: 03/15/2013

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-2313

ALBERT LITTLEJOHN,
Plaintiff - Appellant,
v.
OCWEN FINANCIAL CORPORATION, OCWEN LOAN SERVICING, LLC: (as
Servicer); ALTISOURCE PORTFOLIO SOLUTIONS, S.A. LINDA M.
MCCAULEY - INDIVIDUALLY AND D/B/A REALHOME SERVICES AND
SOLUTIONS INC.; ACE SECURITIES CORPORATION: (as Depositor)
ACE SECURITIES CORP., HOME EQUITY LOAN TRUST, SERIES 2006FM-1, ASSET BACKED PASS-THROUGH CERTIFICATES (as Trust);
WELLS FARGO BANK, NATIONAL ASSOCIATION, NATIONAL BANKING
ASSOCIATION (as Master Servicer, Securities Administrator);
HSBC BANK USA, NATIONAL ASSOCIATION (as Trustee and
Supplemental Interest Trustee); LAW OFFICES OF FRIEDMAN &
MACFADYEN, P.A. AND KENNETH J. MACFADYEN - SUBSTITUTE
TRUSTEE & INDIVIDUALLY, JAMES J. LOFTUS - SUBSTITUTE TRUSTEE
&
INDIVIDUALLY,
LISA
BLADES
SUBSTITUTE
TRUSTEE
&
INDIVIDUALLY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC., (MERS); AND JOHN DOES (INVESTORS) 1-10,000, et al.,
Defendants - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
J. Frederick Motz, Senior District
Judge. (8:12-cv-01383-JFM)

Submitted:

February 22, 2013

Decided:

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

March 15, 2013

Appeal: 12-2313

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Filed: 03/15/2013

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Albert Littlejohn, Appellant Pro Se.
Christopher Michele
Corchiarino, GOODELL DEVRIES LEECH & DANN, LLP, Baltimore,
Maryland; Joshua Tropper, BAKER, DONELSON, BEARMAN, CALDWELL &
BERKOWITZ, PC, Atlanta, Georgia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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Appeal: 12-2313

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Filed: 03/15/2013

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PER CURIAM:
Albert Littlejohn seeks to appeal the district court’s
order granting defendants’ motion to dismiss his complaint for
failure to state a claim upon which relief can be granted.
Fed. R. Civ. P. 12(b)(6).

See

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

September

11,

2012.

October 19, 2012.

The

notice

of

appeal

was

filed

on

Because Littlejohn failed to file a timely

notice of appeal or to obtain an extension or reopening of the
appeal period, we dismiss the appeal and deny his motion for
judicial notice.
facts

and

materials

legal
before

We dispense with oral argument because the
contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
DISMISSED

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