Attila Cosby v. Arlington County Sheriff Dept

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999733394-2] Originating case number: 2:15-cv-00182-AWA-RJK Copies to all parties and the district court/agency. [999786814]. Mailed to: Attila Cosby. [15-7862]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7862

ATTILA EURIPIDES COSBY,
Plaintiff – Appellant,
v.
ARLINGTON COUNTY SHERIFF DEPARTMENT, Office (en masse);
DEPUTY GLOVER, Sheriff Deputy (male) at Arlington Cnty.
Det. Facility; SERGEANT LINDSEY, Sheriff Deputy (male) at
Arlington Cnty. Det. Facility; CAPTAIN TERNENT, Sheriff
Deputy (male) at Arlington Cnty. Det. Facility; MAJOR
KIDWELL; ISC HORNE; DEPUTY PEMBERTON; DEPUTY CAMARDIE,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Arenda L. Wright Allen,
District Judge. (2:15-cv-00182-AWA-RJK)

Submitted:

March 29, 2016

Decided:

April 1, 2016

Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Attila Euripides Cosby, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Attila Euripides Cosby seeks to appeal the district court’s
order

dismissing

his

42

failure to state a claim.

U.S.C.

§ 1983

(2012)

complaint

for

We dismiss the appeal for lack of

jurisdiction because the notice of appeal was not timely filed.
Parties

are

accorded

30

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
October 2, 2015.
2015. *

The notice of appeal was filed on November 13,

Because Cosby 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

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
(1988).

2

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

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