Kenneth Sorensen v. John Wolfe
Kenneth Sorensen v. John Wolfe
Opinion
Unpublished opinions are not binding precedent in this circuit.
Kenneth Sorensen seeks to appeal the district court’s order granting Defendants summary judgment in Sorensen’s 42 U.S.C. § 1983 (2012) civil rights action. 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 final dispositive order was entered on the docket on June 19, 2017. On Sorensen’s motion, the district court extended the appeal period until Monday, August 21, 2017. Sorensen’s notice of appeal, however, was not received for filing until Thursday, August 24, 2017. * Accordingly, because Sorensen failed to file a timely notice of appeal despite receiving an extension of the appeal period, we are constrained to dismiss the appeal as untimely. 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
Because Sorensen was not incarcerated when he filed the notice of appeal, Fed. R. App. P. 4(c), the so-called "prison mailbox rule,” is not applicable in this case.
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