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    Cabbagestalk v. SC Dept of Corrections, 4th Cir. (2010)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Shaheen Cabbagestalk in a 42 U.S.C. § 1983 action. The district court had denied relief on Cabbagestalk's claims. The appeals court dismissed the appeal for lack of jurisdiction because Cabbagestalk's notice of appeal was not filed within the required 30 days of the district court's judgment. While the notice of appeal was deposited in the prison mail system within 30 days, it was not received by the court until 55 days after the district court's judgment, making it untimely. The appeals court denied Cabbagestalk's motion to comply and dispensed with oral argument

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    Cabbagestalk v. SC Dept of Corrections, 4th Cir. (2010)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Shaheen Cabbagestalk in a 42 U.S.C. § 1983 action. The district court had denied relief on Cabbagestalk's claims. The appeals court dismissed the appeal for lack of jurisdiction because Cabbagestalk's notice of appeal was not filed within the required 30 days of the district court's judgment. While the notice of appeal was deposited in the prison mail system within 30 days, it was not received by the court until 55 days after the district court's judgment, making it untimely. The appeals court denied Cabbagestalk's motion to comply and dispensed with oral argument

    Original Description:

    Filed: 2010-04-02 Precedential Status: Non-Precedential Docket: 09-8220

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Shaheen Cabbagestalk in a 42 U.S.C. § 1983 action. The district court had denied relief on Cabbagestalk's claims. The appeals court dismissed the appeal for lack of jurisdiction because Cabbagestalk's notice of appeal was not filed within the required 30 days of the district court's judgment. While the notice of appeal was deposited in the prison mail system within 30 days, it was not received by the court until 55 days after the district court's judgment, making it untimely. The appeals court denied Cabbagestalk's motion to comply and dispensed with oral argument

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    1 views3 pages

    Cabbagestalk v. SC Dept of Corrections, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Shaheen Cabbagestalk in a 42 U.S.C. § 1983 action. The district court had denied relief on Cabbagestalk's claims. The appeals court dismissed the appeal for lack of jurisdiction because Cabbagestalk's notice of appeal was not filed within the required 30 days of the district court's judgment. While the notice of appeal was deposited in the prison mail system within 30 days, it was not received by the court until 55 days after the district court's judgment, making it untimely. The appeals court denied Cabbagestalk's motion to comply and dispensed with oral argument

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-8220

    SHAHEEN CABBAGESTALK,
    Plaintiff - Appellant,
    v.
    SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; JON OZMINT;
    CHAPLAIN VAN BEBBER, Lieber Head Chaplain; HEADQUARTERS
    CHAPLAIN, in Columbia,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Columbia.
    Sol Blatt, Jr., Senior District
    Judge. (3:08-cv-02718-SB)

    Submitted:

    March 3, 2010

    Decided:

    April 2, 2010

    Before MICHAEL, DUNCAN, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Shaheen Cabbagestalk, Appellant Pro Se.


    STUCKEY LAW OFFICES, PA, Charleston,
    Appellees.

    William J. Thrower,
    South Carolina, for

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Shaheen
    courts

    order

    Cabbagestalk

    accepting

    the

    seeks

    to

    appeal

    recommendation

    of

    the
    the

    district

    magistrate

    judge and denying relief on his 42 U.S.C. 1983 (2006) action.


    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 courts 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.
    The

    Bowles v. Russell, 551 U.S. 205, 214 (2007).


    district

    courts

    docket on September 18, 2009.

    judgment

    was

    entered

    on

    the

    Cabbagestalks notice of appeal

    was deposited in the prisons internal mail system on November


    12, 2009.

    See Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S.

    266, 276 (1988).

    Because Cabbagestalk failed to file a timely

    notice of appeal or to obtain an extension or reopening of the


    appeal period, we dismiss the appeal.
    comply is denied.
    facts

    and

    legal

    Cabbagestalks motion to

    We dispense with oral argument because the


    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    the

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.
    DISMISSED

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