Eddie Golson v. Elloree Ganes

U.S. Court of Appeals for the Fourth Circuit

Eddie Golson v. Elloree Ganes

Opinion

USCA4 Appeal: 22-6829 Doc: 9 Filed: 10/21/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6829

EDDIE CLAY GOLSON,

Plaintiff - Appellant,

v.

ELLOREE A. GANES,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Aiken. Margaret B. Seymour, Senior District Judge. (1:22-cv-00806-MBS)

Submitted: October 18, 2022 Decided: October 21, 2022

Before WYNN and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Eddie C. Golson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6829 Doc: 9 Filed: 10/21/2022 Pg: 2 of 2

PER CURIAM:

Eddie Clay Golson seeks to appeal the district court’s order adopting the

recommendation of the magistrate judge and dismissing his

42 U.S.C. § 1983

civil action.

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 May 26, 2022. Golson filed the notice of

appeal on June 30, 2022. * Because Golson 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

For the purpose of this appeal, we assume that the date appearing on the notice of *

appeal is the earliest date Golson could have delivered the notice to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack,

487 U.S. 266, 276

(1988).

2

Reference

Status
Unpublished