U.S. Court of Appeals for the Fourth Circuit, 2023

Gary Swanson v. Alex King

Gary Swanson v. Alex King
U.S. Court of Appeals for the Fourth Circuit · Decided August 31, 2023

Gary Swanson v. Alex King

Opinion

USCA4 Appeal: 23-1692 Doc: 7 Filed: 08/31/2023 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1692

GARY L. SWANSON, Plaintiff - Appellant, v. ALEX KING, King Management, LLC, Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Terrence W. Boyle, District Judge. (7:21-cv-00080-BO)

Submitted: August 29, 2023 Decided: August 31, 2023

Before KING, AGEE, and BENJAMIN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gary L. Swanson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-1692 Doc: 7 Filed: 08/31/2023 Pg: 2 of 2

PER CURIAM: Gary L. Swanson seeks to appeal the district court’s order adopting the magistrate judge’s recommendation in part and dismissing Swanson’s civil complaint. 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 August 30, 2021. Swanson filed the notice of appeal on May 22, 2023. Because Swanson 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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