Testo completo
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-2217
JOHN C. NELUMS; DELMARSHI H. NELUMS,
Plaintiffs - Appellants,
v.
HUTCHENS LAW FIRM, LLP; JOHN B. KELCHNER, an individual; LENDER
PROCESSING SERVICES, INC.; LPS DEFAULT SOLUTIONS; LPS DEFAULT
SOLUTIONS NETWORK; FIDELITY NATIONAL TITLE INSURANCE
COMPANY; DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for
Residential Asset Securitization Though Certificates Series 2005-; OCWEN LOAN
SERVICING, LLC; MORTGAGE ELECTRONIC REGISTRAT SYSTEM, a/k/a
MERS; PHH MORTGAGE SERVICES; JOHN DO, 1-10,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at
Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:21-cv-02161-JFA)
Submitted: March 29, 2022 Decided: March 31, 2022
Before HARRIS, QUATTLEBAUM, and HEYTENS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Calvin Nelums and Delmarshi H. Nelums, Appellants Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
John C. Nelums and Delmarshi H. Nelums seek to appeal the district court’s order
adopting the magistrate judge’s recommendation to dismiss the Nelums’ civil complaint
pursuant to 28 U.S.C. § 1915. We dismiss the appeal for lack of jurisdiction because the
notice of appeal was not timely filed.
In civil cases, parties have 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 entered its order on September 21, 2021. The Nelums filed their
notice of appeal on October 22, 2021. Because the Nelums failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal.
We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
DISMISSED
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