Michael Battle v. Lowell Mcadams
Michael Battle v. Lowell Mcadams
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 19-1973
MICHAEL L. BATTLE,
Plaintiff - Appellant,
v.
LOWELL MCADAMS; HENRY ADAMSON; TISHAUN OPHELIA; CATHERINE O. SAPP; TORRI A. THOUSAND; WILLIAM L. HORTON, JR.; JOHN G. STRATTON; KENNETH DIXON; SCOTT A. NUNES; VERIZON COMMUNICATIONS, INC.,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, Chief District Judge. (2:18-cv-00289-MSD-RJK)
Submitted: November 19, 2019 Decided: November 21, 2019
Before WILKINSON and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Michael L. Battle, Appellant Pro Se. Betty S.W. Graumlich, REED SMITH, LLP, Richmond, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Michael L. Battle seeks to appeal the district court’s order dismissing his civil
action. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not
timely filed.
Parties are accorded thirty 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(2007).
The district court’s order was entered on the docket on August 5, 2019. The notice
of appeal was filed on September 5, 2019. Because Battle failed to file a timely notice of
appeal or obtain an extension or reopening of the appeal period, we grant Appellees’
motion to dismiss and 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
2
Reference
- Status
- Unpublished