Opinion

Jacqueline Humphries v. Prince Georges County, Maryland

Court
Court of Appeals for the Fourth Circuit
Filed
Feb 3, 2023
Status
Unpublished
Cited by
0 cases
Authority
More cited than 22.5%

The opinion

USCA4 Appeal: 21-1880 Doc: 18 Filed: 08/09/2022 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21-1880

JACQUELINE R. HUMPHRIES,

Plaintiff - Appellant,

v.

PRINCE GEORGES COUNTY, MARYLAND, Department of Social Services &

Foster Care Services; GLORIA BROWN, DSS Director; MARSHALL CUPE,

Bureau Chief for Foster Care; DARQUITA FLETCHER, Bureau Chief; STEPHEN

LIGGETT-CREEL, DSS; CARMEN PHELPS, DSS Supervisor; DANIELLE

CLARKE, CPS Investigator; VALERIE HEATH, CPS Investigator; ALYSON

BECKER, Forensic Specialist; ALEXIS BOOKER, DSS Supervisor; ROBIN

ADAMS, DSS Supervisor; THOMAS WEIMER, DSS Supervisor; RUBY

NELSON, CAC Director; ANGELA ALSOBROOKS, County Executive; KAREN

L. SMITH, Esq., Prince George’s County Law Offices; RHONDA L. WEAVER,

Esq., PG County Attorney; KENDAL WYLIE OUGH, Psy.D, Morgan Holdings

Group, LLC; DR. MONICA GOLDSON, CEO Prince George’s County Board of

Education; LYNETTE WALKER, Principal, Bradbury Heights Elementary School;

MONICA CAMPBELL, Owner, SKC Early Education Centers; SHEILA W. LONG,

Esq., PG County; PAMELA C. ORTIZ, Director, Prince George’s County Circuit

Court; CORLIS ESTREP, Admin Asst. (Individual Capacity); DOMINIQUE

DAVIS; RONALD F. DAVIS; JERRY MILNER, Associate Commissioner; TINA

NAUGLER, Regional Program Manager; SANDRA BARNES, DHS Attorney,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Greenbelt.

George Jarrod Hazel, District Judge. (8:20-cv-02819-GJH)

Submitted: June 28, 2022 Decided: August 9, 2022

USCA4 Appeal: 21-1880 Doc: 18 Filed: 08/09/2022 Pg: 2 of 3

Before WYNN and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Remanded by unpublished per curiam opinion.

Jacqueline R. Humphries, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

USCA4 Appeal: 21-1880 Doc: 18 Filed: 08/09/2022 Pg: 3 of 3

PER CURIAM:

Jacqueline Humphries seeks to appeal the district court’s order dismissing without

prejudice her amended civil complaint. 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 June 9, 2021. Humphries filed her notice of

appeal more than two months later, on August 11, 2021. However, in her notice of appeal,

Humphries asserted that she did not receive notice of the court’s order until “days” before

filing her notice. Based on this claim, we construe Humphries’ notice of appeal as a Rule

4(a)(6) motion to reopen the appeal period, and we remand to the district court for the

limited purpose of determining whether reopening the appeal period is warranted. The

record, as supplemented, will then be returned to this court for further consideration.

REMANDED

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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