Lekayle Booker v. Department of Social Services
Lekayle Booker v. Department of Social Services
Opinion
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 21-1540
LEKAYLE M. BOOKER, Plaintiff - Appellant, v. DEPARTMENT OF SOCIAL SERVICES, Mecklenburg County; SHELBY STEWART, Social Worker; JOHATHAN KELLY, Case Worker; LISA HUDSON, Investigator, Defendants - Appellees.
Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:19-cv-00672-RJC-DSC)
Submitted: August 24, 2021 Decided: August 26, 2021
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Lekayle M. Booker, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Lekayle M. Booker seeks to appeal the district court’s order dismissing her civil complaint without prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B). 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 January 16, 2020. Booker filed the notice of appeal on April 21, 2021. Because Booker 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
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