U.S. Court of Appeals for the Fourth Circuit, 2017

In Re: Bruce Koenig v.

In Re: Bruce Koenig v.
U.S. Court of Appeals for the Fourth Circuit · Decided July 24, 2017 · Duncan, Wynn, Hamilton
693 F. App'x 227

In Re: Bruce Koenig v.

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Bruce W. Koenig seeks to appeal the district court’s order returning his . motion to reopen a prior proceeding in which he was not a party. 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 August 16, 2016. The notice of appeal was filed, at the earliest, on January 24, 2017. Because Koenig failed to file a timely notice of appeal or to obtain an extension or reopening of the' appeal period, we 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

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