Wheeler-Christ v. Montgomery County Maryland

U.S. Court of Appeals for the Fourth Circuit
Wheeler-Christ v. Montgomery County Maryland, 411 F. App'x 585 (4th Cir. 2011)

Wheeler-Christ v. Montgomery County Maryland

Opinion

*586 Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Marsha E. Wheeler-Christ seeks to appeal the district court’s order dismissing her civil complaint. 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 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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court’s order was entered on the docket on August 13, 2010. The notice of appeal was filed on September 15, 2010, thirty-two days later. Because Wheeler-Christ failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We deny Wheeler-Christ’s motion for appointment of counsel. 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.

Reference

Full Case Name
Marsha E. WHEELER-CHRIST, Plaintiff-Appellant, v. MONTGOMERY COUNTY MARYLAND, Defendant-Appellee, and Department of Public Works and Transportation Division of Capital Development, Defendant
Status
Unpublished