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

Revels v. Pocomoke City, Maryland Police Dept

Revels v. Pocomoke City, Maryland Police Dept
U.S. Court of Appeals for the Fourth Circuit · Decided October 5, 2009 · Gregory, Shedd, Duncan
332 F. App'x 833

Revels v. Pocomoke City, Maryland Police Dept

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Joseph Thomas Revels seeks to appeal the district court’s order dismissing his 42 U.S.C. § 1983 (2006) complaint. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties in a civil case 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). This appeal period is mandatory and jurisdictional. Bowles v. Russell, 551 U.S. 205, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court’s order was entered on the docket on July 6, 2009. The notice of appeal was filed on August 11, 2009. Because Revels 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 materials before the court and argument would not aid the decisional process.

DISMISSED.

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