Albert Littlejohn v. Ocwen Financial Corporation ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2313
ALBERT LITTLEJOHN,
Plaintiff - Appellant,
v.
OCWEN FINANCIAL CORPORATION, OCWEN LOAN SERVICING, LLC: (as
Servicer); ALTISOURCE PORTFOLIO SOLUTIONS, S.A. LINDA M.
MCCAULEY - INDIVIDUALLY AND D/B/A REALHOME SERVICES AND
SOLUTIONS INC.; ACE SECURITIES CORPORATION: (as Depositor)
ACE SECURITIES CORP., HOME EQUITY LOAN TRUST, SERIES 2006-
FM-1, ASSET BACKED PASS-THROUGH CERTIFICATES (as Trust);
WELLS FARGO BANK, NATIONAL ASSOCIATION, NATIONAL BANKING
ASSOCIATION (as Master Servicer, Securities Administrator);
HSBC BANK USA, NATIONAL ASSOCIATION (as Trustee and
Supplemental Interest Trustee); LAW OFFICES OF FRIEDMAN &
MACFADYEN, P.A. AND KENNETH J. MACFADYEN - SUBSTITUTE
TRUSTEE & INDIVIDUALLY, JAMES J. LOFTUS - SUBSTITUTE TRUSTEE
& INDIVIDUALLY, LISA BLADES SUBSTITUTE TRUSTEE &
INDIVIDUALLY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC., (MERS); AND JOHN DOES (INVESTORS) 1-10,000, et al.,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. J. Frederick Motz, Senior District
Judge. (8:12-cv-01383-JFM)
Submitted: February 22, 2013 Decided: March 15, 2013
Before NIEMEYER, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Albert Littlejohn, Appellant Pro Se. Christopher Michele
Corchiarino, GOODELL DEVRIES LEECH & DANN, LLP, Baltimore,
Maryland; Joshua Tropper, BAKER, DONELSON, BEARMAN, CALDWELL &
BERKOWITZ, PC, Atlanta, Georgia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Albert Littlejohn seeks to appeal the district court’s
order granting defendants’ motion to dismiss his complaint for
failure to state a claim upon which relief can be granted. See
Fed. R. Civ. P. 12(b)(6). 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 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 September 11, 2012. The notice of appeal was filed on
October 19, 2012. Because Littlejohn failed to file a timely
notice of appeal or to obtain an extension or reopening of the
appeal period, we dismiss the appeal and deny his motion for
judicial notice. 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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