Brent Cook v. Michael Wade

U.S. Court of Appeals for the Fourth Circuit
Brent Cook v. Michael Wade, 627 F. App'x 221 (4th Cir. 2015)

Brent Cook v. Michael Wade

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Brent William Cook seeks to appeal the district court’s order dismissing his 42 U.S.C. § 1983 (2012) complaint without prejudice. 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 23, 2015. The notice of appeal was filed on June 16, 2015. Because Cook 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 deny Cook’s motion for appointment of counsel and dispense with oral argument because the facts and legal contentions are adequately *222 presented in the materials before this court and argument would not aid the decisional process.

DISMISSED.

Reference

Full Case Name
Brent W. COOK, Plaintiff—Appellant, v. Michael WADE, Sheriff; Yvette King, Psychologist; Michael Thomas, Head of Mental Health, Defendants-Appellees
Status
Unpublished