Malakim Israel v. Joseph Hollingsworth

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999877085-2]. Originating case number: 5:15-ct-03200-D. Copies to all parties and the district court. [999976782]. Mailed to: Malakim Ben Israel. [16-6840]

Appeal: 16-6840

Doc: 21

Filed: 11/29/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6840

MALAKIM BEN ISRAEL,
Plaintiff – Appellant,
v.
JOSEPH R. HOLLINGSWORTH,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
Chief District Judge. (5:15-ct-03200-D)

Submitted:

November 17, 2016

Decided:

November 29, 2016

Before TRAXLER, SHEDD, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Malakim Ben Israel, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6840

Doc: 21

Filed: 11/29/2016

Pg: 2 of 2

PER CURIAM:
Malakim Ben Israel seeks to appeal the district court’s
order

dismissing

this

42

U.S.C.

§ 1983

(2012)

action.

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
March 29, 2016.

The notice of appeal is deemed filed on May 30,

2016, when Ben Israel hand-dated it.

Because Ben Israel failed

to file a timely notice of appeal or to obtain an extension or
reopening

of

the

appeal

period,

we

dismiss

motion for appointment of counsel is denied.
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

the

appeal.

The

We dispense with
contentions
this

court

are
and

argument would not aid the decisional process.
DISMISSED

2