Jason Roberts v. Naph Care Medical Department
Opinion
*64 Unpublished opinions are not binding precedent in this circuit.
Jason Thomas Roberts seeks to appeal the district court’s order dismissing his 42 U.S.C. § 1983 (2012) action for failure to comply with the court’s earlier order to return a collection of fees form. 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 ease 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 June 8, 2016. The notice of appeal was filed on July 28, 2016. * Because Roberts 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 Roberts’ motions for appointment of counsel and 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
For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court.. See Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266, 276, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).
Reference
- Full Case Name
- Jason Thomas ROBERTS, Plaintiff-Appellant, v. NAPH CARE MEDICAL DEPARTMENT, Jail Medical Services; Virginia Beach Jail, Defendants-Appellees
- Status
- Unpublished