U.S. Court of Appeals for the Fourth Circuit, 2015

Robert Davidson v. Jesse Amos

Robert Davidson v. Jesse Amos
U.S. Court of Appeals for the Fourth Circuit · Decided August 24, 2015 · Duncan, Keenan, Per Curiam, Wynn
613 F. App'x 233

Robert Davidson v. Jesse Amos

Opinion

Dismissed by unpublished PER GURIAM opinion;

Unpublished opinions are not binding, precedent in this circuit.

PER CURIAM:

Robert Carrol Davidson seeks to appeal the district court’s order denying his application to proceed in forma pauperis. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties are accorded 30 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 April 10, 2015. The notice of appeal was filed on May 12, 2015, one day after the appeal period expired. * Because Davidson failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny his motions for 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.

*

The 30th day fell on Sunday, May 10, 2015. Davidson therefore had until Monday, May 11, 2015, to timely file a notice of appeal. See Fed. R.App. P. 26(a)(1).

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