Sims-Lewis v. Willett
Sims-Lewis v. Willett
Opinion of the Court
Unpublished opinions are not binding precedent in this circuit.
In these consolidated appeals, Raymond Eugene Sims-Lewis seeks to appeal the district court’s orders dismissing his complaints alleging claims pursuant to 42 U.S.C. § 1983 (2012). We dismiss the appeals 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 entered its orders dismissing Sims-Lewis’ complaints between September 29, 2015 and December 4, 2015. The notice of appeal was filed on March 22, 2017.
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. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.