Osiris S. Kafu v. Kelly Services, Incorporated

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1236
OSIRIS S. KAFU,
Plaintiff - Appellant,
versus
KELLY SERVICES, INCORPORATED,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Cameron McGowan Currie, District
Judge. (3:04-cv-23360-CMC)
Submitted: June 21, 2007 Decided: June 27, 2007
Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.
Dismissed in part; affirmed in part by unpublished per curiam
opinion.
Osiris S. Kafu, Appellant Pro Se. Henry Scarborough Knight, Jr.,
CONSTANGY, BROOKS & SMITH, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Osiris S. Kafu seeks to appeal the district court’s order
adopting the magistrate judge’s report and recommendation and
granting summary judgment in favor of defendant on his claims of
religious and gender discrimination under Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17
(2000). We dismiss in part and affirm in part.
Under Fed. R. App. P. 4(a)(1)(A), a notice of appeal must
be filed within thirty days after the judgment or order appealed
from is entered. The district court’s order dismissing Kafu’s
claims was entered by the district court on February 7, 2007. Kafu
did not file his notice of appeal until March 13, 2007.
Accordingly, we find Kafu’s appeal of the district court’s February
7, 2007 order is untimely, and dismiss the appeal as to that order.
Because the district court’s order denying his motions to
amend and suppress was entered on February 12, 2007, we find
Kafu’s notice of appeal was timely as to that order. We
nonetheless affirm that order for the reasons stated by the
district court. See Kafu v. Kelly Servs., No. 3:04-cv-23360-CMC
(D.S.C. Feb. 12, 2007).
Accordingly, we dismiss in part and affirm in part. We
dispense with oral argument because the facts and legal contentions

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are adequately presented in the materials before the Court and
argument would not aid the decisional process.
DISMISSED IN PART; AFFIRMED IN PART

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