Samuel Mwabira-Simera v. Thompson Hospitality Services, No. 13-1487 (4th Cir. 2013)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1487 SAMUEL H. MWABIRA-SIMERA, Plaintiff - Appellant, v. THOMPSON HOSPITALITY Supervisor, SERVICES, LLP; JOHN STEVENSON, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Ellen L. Hollander, District Judge. (1:12-cv-00848-WMN; 1:11-cv-02989-WMN) Submitted: August 29, 2013 Decided: September 3, 2013 Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Samuel H. Mwabira-Simera, Appellant Pro Se. Thomas Patrick Dowd, LITTLER MENDELSON PC, Washington, D.C., for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Samuel H. Mwabira-Simera filed a notice of appeal concerning two cases consolidated in the district court. The notice of appeal does not identify what district court order he wishes to appeal; however, because the untimely as to any and all orders below, for lack of jurisdiction. notice of appeal is we dismiss the appeal Fed. R. App. P. 4(a)(1)(A) (setting out time limits for noting appeal in civil cases not involving the United States or its employees or agencies); see also Fed. R. App. P. 3(c)(1)(B) (stating notice of appeal must designate the judgment, order, or part thereof being appealed ). Parties are accorded thirty 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 most recent district court order was entered on the district court docket in August 2012. was filed on April 12, 2013. The notice of appeal Because Mwabira-Simera failed to file a timely notice of appeal, we deny leave to proceed in forma pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately 2 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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