UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6114

JAMES ANTHONY BARNETT, JR.,

Plaintiff - Appellant,

v.

ALAMANCE REGIONAL MEDICAL CENTER; DR. BRIAN S. COPE,

Defendants - Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Loretta C. Biggs, District Judge. (1:16-cv-00068-LCB-JLW)

Submitted: March 29, 2018 Decided: April 3, 2018

Before AGEE and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

James Anthony Barnett, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

James Anthony Barnett, Jr., seeks to appeal the district court’s order adopting the

magistrate judge’s report and recommendation and dismissing his complaint without

prejudice. 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,

(2007).

The district court’s order was entered on the docket on May 3, 2016. The notice of

appeal was filed on January 8, 2018. * Because Barnett failed to file a timely notice of

appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal

and deny Bennett’s motion to appoint counsel. 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

* 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,

(1988).

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