Scribd Logo
Upload

Welcome to Scribd!

  • Attila Cosby v. Arlington County Sheriff Dep't, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    6 views3 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Attila Euripides Cosby's appeal of the district court's dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim. The Court of Appeals dismisses the appeal for lack of jurisdiction because Cosby's notice of appeal was not filed within the required 30 days of the district court's order. The district court order was entered on October 2, 2015 but the notice of appeal was not filed until November 13, 2015, missing the deadline. As a result, the Court of Appeals denies Cosby's request to proceed in forma pauperis and dismisses the appeal.

    Original Description:

    Filed: 2016-04-01 Precedential Status: Non-Precedential Docket: 15-7862

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Attila Euripides Cosby's appeal of the district court's dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim. The Court of Appeals dismisses the appeal for lack of jurisdiction because Cosby's notice of appeal was not filed within the required 30 days of the district court's order. The district court order was entered on October 2, 2015 but the notice of appeal was not filed until November 13, 2015, missing the deadline. As a result, the Court of Appeals denies Cosby's request to proceed in forma pauperis and dismisses the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    6 views3 pages

    Attila Cosby v. Arlington County Sheriff Dep't, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Attila Euripides Cosby's appeal of the district court's dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim. The Court of Appeals dismisses the appeal for lack of jurisdiction because Cosby's notice of appeal was not filed within the required 30 days of the district court's order. The district court order was entered on October 2, 2015 but the notice of appeal was not filed until November 13, 2015, missing the deadline. As a result, the Court of Appeals denies Cosby's request to proceed in forma pauperis and dismisses the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 3

    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.

    PER CURIAM:
    Attila Euripides Cosby seeks to appeal the district courts
    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 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.

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

    The district courts 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).

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

    You might also like