Joseph McMorris Jr. v. Jon Sherfield
Opinion
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Joseph McMorris, Jr. seeks to appeal the district court’s order granting summary judgment to the Defendants in his 42 U.S.C. § 1983 (2006) action. 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 judg *258 ment 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 January 4, 2011, 2011 WL 13457. The notice of appeal was filed on November 3, 2011. Because McMorris failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal for lack of jurisdiction.
DISMISSED.
Reference
- Full Case Name
- Joseph McMORRIS, Jr., Plaintiff-Appellant, v. Lt. Jon SHERFIELD; Deputy Kevin Smith, Defendants-Appellees, and Union County Sheriffs Department, Defendant
- Status
- Unpublished