Robert Willis v. City of Va Beach Police Dept

U.S. Court of Appeals for the Fourth Circuit

Robert Willis v. City of Va Beach Police Dept

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-2323

ROBERT S. WILLIS,

Plaintiff - Appellant,

v.

CITY OF VIRGINIA BEACH POLICE DEPARTMENT; TREASURER OF CITY OF VIRGINIA BEACH,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda L. Wright Allen, District Judge. (2:19-cv-00551-AWA-DEM)

Submitted: March 10, 2020 Decided: March 12, 2020

Before NIEMEYER and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Robert S. Willis, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Robert S. Willis seeks to appeal the district court’s order dismissing his civil

complaint as frivolous. We dismiss the appeal for lack of jurisdiction because the notice

of appeal was not timely filed.

In civil cases, parties have 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

(2007).

The district court entered its order on October 21, 2019. Willis filed the notice of

appeal on November 21, 2019. Because Willis failed to file a timely notice of appeal or to

obtain an extension or reopening of the appeal period, we 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Unpublished