Opinion

Thurman Brown v. Registrar of Deeds For Cleveland County

Court
Court of Appeals for the Fourth Circuit
Filed
Sep 2, 2025
Status
Unpublished
Cited by
0 cases
Authority
More cited than 39.1%

The opinion

USCA4 Appeal: 25-1267 Doc: 5 Filed: 09/02/2025 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 25-1267

THURMAN JEROME BROWN, lead Plaintiff on behalf of himself and others

similarly situated and Heir to the estate of Rosa Lee Kee Williams,

Plaintiff - Appellant,

v.

REGISTRAR OF DEEDS FOR CLEVELAND COUNTY; SARAH JANE SPIKES,

Executor of Estate, also listed as Former Executor; MURRELL K. SPIKES,

Executor son/illegal occupant, also listed as participant in fraudulent transfers;

RICKEY MCCLUNEY, Pastor of Changers Church, also listed as Title Washing

Participant; MARK D. LACKEY, Estate Attorney, also listed as Facilitator of

Fraudulent Transfers; DESTANY MCCLUNEY, Illegal Occupant; THOMAS

MARTIN, Attorney, drafted fraudulent deeds; REGISTRAR OF DEEDS, Public

Official; CLEVELAND COUNTY MAGISTRATE, Judicial Official; MARTHA R.

THOMPSON, County Attorney for Cleveland County; FNU LNU, Additional

Defendants to be Determined (TBD),

Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at

Asheville. Martin K. Reidinger, Chief District Judge. (1:24-cv-00283-MR-WCM)

Submitted: August 28, 2025 Decided: September 2, 2025

Before GREGORY, QUATTLEBAUM, and HEYTENS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

USCA4 Appeal: 25-1267 Doc: 5 Filed: 09/02/2025 Pg: 2 of 3

Thurman Jerome Brown, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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USCA4 Appeal: 25-1267 Doc: 5 Filed: 09/02/2025 Pg: 3 of 3

PER CURIAM:

Thurman Jerome Brown appeals the district court’s orders dismissing his complaint

without prejudice and denying relief on his motion for reconsideration. Because Brown’s

motion was filed within 28 days of the district court’s order of dismissal, we construe it as

a Fed. R. Civ. P. 59(e) motion. See MLC Auto., LLC v. Town of S. Pines, 532 F.3d 269,

277 (4th Cir. 2008). The timely filing of a Rule 59(e) motion tolls the time to appeal. Fed.

R. App. P. 4(a)(4)(A). Thus, we consider Brown’s notice of appeal timely as to both the

underlying order dismissing his complaint without prejudice and the order denying

reconsideration. We have reviewed the record and discern no reversible error.

Accordingly, we affirm the district court’s orders. Brown v. Registrar of Deeds for

Cleveland Cnty., No. 1:24-cv-00283-MR-WCM (W.D.N.C. Nov. 26, 2024; Mar. 4, 2025).

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.

AFFIRMED

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