Marvin Clair v. United States
Opinion
Unpublished opinions are not binding precedent in this circuit.
Marvin Leon Clair seeks to appeal the district court’s order denying relief on his complaint filed pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (2012). The Government has moved to dismiss the appeal as untimely. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.
When the United States or its officer or agency is a party, the notice of appeal must be filed no more than 60 days after the entry of the district court’s final judgment or order, Fed. R. App. P. 4(a)(1)(B), 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 22, 2017. The notice of appeal was filed on October 27, 2017. * Because Glair failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we grant the Government’s motion and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials beforé 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. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).
Reference
- Full Case Name
- Marvin CLAIR, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, and Federal Correctional Complex, Petersburg, Virginia; Federal Bureau of Prisons, Mid-Atlantic Region, Defendants
- Status
- Unpublished