U.S. Court of Appeals for the Fourth Circuit, 2009

Reaves v. South Carolina Department of Social Services

Reaves v. South Carolina Department of Social Services
U.S. Court of Appeals for the Fourth Circuit · Decided June 23, 2009 · Niemeyer, Gregory, Duncan
334 F. App'x 560

Reaves v. South Carolina Department of Social Services

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Franklin C. Reaves seeks to appeal the district court’s order denying his motion for reconsideration pursuant to Federal Rule of Cml Procedure 60(b). 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, Fed. R.App. P. 4(a)(5), or reopens the appeal period, 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, 213-14, 127 S.Ct. 2360, 2366, 168 L.Ed.2d 96 (2007).

The district court’s order was entered on the docket on January 20, 2009. The notice of appeal was filed on February 20, 2009. Because Reaves 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 *562 materials before the court and argument would not aid the decisional process.

DISMISSED.

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