Kenneth Sanders v. Hartford Life & Accident Insurance

U.S. Court of Appeals for the Fourth Circuit
Kenneth Sanders v. Hartford Life & Accident Insurance, 551 F. App'x 63 (4th Cir. 2014)

Kenneth Sanders v. Hartford Life & Accident Insurance

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Kenneth Sanders seeks to appeal the district court’s order in his civil action granting Defendant’s motion for summary judgment in part and closing the case. 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 July 30, 2013. The notice of appeal was filed on August 30, 2013. Because Sanders failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny Sanders leave to proceed in forma pauper-is 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.

Reference

Full Case Name
Kenneth SANDERS, Plaintiff-Appellant, v. HARTFORD LIFE & ACCIDENT INSURANCE COMPANY, Defendant-Appellee
Status
Unpublished