U.S. Court of Appeals for the Fourth Circuit, 2013

Jerome Brown, Sr. v. JND Handyman Service.org

Jerome Brown, Sr. v. JND Handyman Service.org
U.S. Court of Appeals for the Fourth Circuit · Decided July 15, 2013 · Wilkinson, Niemeyer, Shedd
532 F. App'x 416

Jerome Brown, Sr. v. JND Handyman Service.org

Opinion

PER CURIAM:

Jerome Julius Brown, Sr. seeks to appeal the district court’s order dismissing his 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 November 1, 2012. The notice of appeal was filed on January 25, 2013. See Fed. R.App. P. 4(d). Because Brown failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny leave to proceed in forma pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED.

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