Trudy Gaitwood v. Greenpoint Mortgage Funding

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999902719-2]. Originating case number: 1:16-cv-00807-JKB. Copies to all parties and the district court/agency. [999918710]. Mailed to: Trudy Gaitwood. [16-1640]

Appeal: 16-1640

Doc: 15

Filed: 08/29/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1640

TRUDY GAITWOOD,
Plaintiff - Appellant,
v.
GREENPOINT MORTGAGE FUNDING, INC.; CITIBANK, N.A., as
trustee for structured asset mortgage investments II trust
2007-AR5 mortgage pass through certificates series 2007-AR5,
Defendants - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
James K. Bredar, District Judge.
(1:16-cv-00807-JKB)

Submitted:

August 25, 2016

Decided:

August 29, 2016

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Trudy Gaitwood, Appellant Pro Se.
Sarah Reimers McIntee,
Raymond Gerard Mullady, Jr., NELSON MULLINS RILEY & SCARBOROUGH,
LLP, Washington, DC, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-1640

Doc: 15

Filed: 08/29/2016

Pg: 2 of 2

PER CURIAM:
Trudy Gaitwood seeks to appeal the district court’s order
granting

the

Defendants’

motion

to

dismiss.

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
April 26, 2016.

The notice of appeal was filed on May 31, 2016.

Because Gaitwood 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.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.
DISMISSED

2