U.S. Court of Appeals for the Fourth Circuit, 2014

Nedra Carr-Stephenson v. OfficeMax North America, Inc.

Nedra Carr-Stephenson v. OfficeMax North America, Inc.
U.S. Court of Appeals for the Fourth Circuit · Decided March 31, 2014

Nedra Carr-Stephenson v. OfficeMax North America, Inc.

Opinion

Rehearing granted, August 5, 2014

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-2430

NEDRA CARR-STEPHENSON, Plaintiff - Appellant, v. OFFICEMAX NORTH AMERICA, INC., OfficeMax Store #562, Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Raymond A. Jackson, District Judge. (4:13-cv-00075-RAJ-TEM)

Submitted: March 27, 2014 Decided: March 31, 2014

Before MOTZ, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges.

Dismissed by unpublished per curiam opinion.

Nedra Carr-Stephenson, Appellant Pro Se. Bryan K. Meals, DAVEY & BROGAN, PC, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Nedra Carr-Stephenson seeks to appeal the district court’s order dismissing her civil complaint for failure to state a claim. 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 (2007).

The district court’s order was entered on the docket on October 21, 2013. The notice of appeal was filed on November 22, 2013. Because Carr-Stephenson 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 as moot Carr- Stephenson’s motion to file an addendum/attachment to her informal brief. 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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