Abdullah Al-Amin v. Hancecroth

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for injunctive relief pending appeal (FRAP 8) [999538180-2] Originating case number: 3:11-cv-00859-HEH Copies to all parties and the district court/agency. [999557835]. Mailed to: Al-Amin. [15-6151]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6151

ABDULLAH AL-AMIN, a/k/a Harry Courtney,
Plaintiff - Appellant,
v.
HANCECROTH, Dr., Orthopedic Surgen; THOMPSON, Dr., M.D.,
Lunenburg Correctional Center; EZIBO, Dr., Greensville
Correctional
Center
(1994);
KENDRICKS,
Dr.,
M.D.,
Greensville Correctional Center; OFOGH, Dr., M.D., Lunenburg
Correctional Center; CASWELL, Dr., M.D., University of
Virginia, Health Systems Radiology Department; KAUSHIK, Dr.,
M.D., Lunenburg Correctional Center; KONA, Dr., M.D.,
Lunenburg Correctional Center (2002); HARVARD STEPHENS, Dr.,
Head Physician, Virginia Department of Corrections; KEITH
DAVIS,
Warden,
Deerfield
Correctional
Center;
FRED
SCHILLING, Director Health Services, Virginia Department of
Corrections; BENITA BADGETTE, RN, Health Administrator,
Deerfield Correctional Center; OMEZIE AJUMOBI, Dr., M.D.,
Deerfield Correctional Center (2007-2009),
Defendants - Appellees,
and
UNKNOWN, Head Nurse from 1986-1991, Nottoway Correctional
Center,
Defendant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:11-cv-00859-HEH)

Submitted:

March 10, 2015

Decided:

April 2, 2015

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Before WYNN, DIAZ, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Abdullah Al-Amin, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Abdullah Al-Amin seeks to appeal the district court’s order
accepting

the

recommendation

of

the

magistrate

judge

and

dismissing his complaint brought under 42 U.S.C. § 1983.

We

dismiss the appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
Parties
district

are

court’s

accorded
final

30

days

judgment

or

after
order

the
to

entry

note

an

of

the

appeal,

unless the district court extends or reopens the appeal period.
Fed.

R.

App.

P.

4(a)(1)(A),

(a)(5),

(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, 2013.
16, 2015. *

The notice of appeal was filed on January

Because Al-Amin failed to file a timely notice of

appeal or to timely obtain an extension or reopening of the
appeal period, we dismiss the appeal.
injunction

pending

appeal

as

moot.

We deny the motion for an
We

dispense

with

oral

argument because the facts and legal contentions are adequately

*

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.

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presented in the materials before this court and argument would
not aid the decisional process.

DISMISSED

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