USCA4 Appeal: 23-6266 Doc: 16 Filed: 12/19/2023 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6266

ALBERT MARQUAVIOUS LAMAR ANDERSON,

Plaintiff - Appellant,

v.

JANE DOE 1; SERGEANT LEWIS; OFFICER DOLO,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:21-ct-03289-FL)

Submitted: November 21, 2023 Decided: December 19, 2023

Before GREGORY and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Albert Anderson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6266 Doc: 16 Filed: 12/19/2023 Pg: 2 of 3

PER CURIAM:

Albert Marquavious Lamar Anderson seeks to appeal the district court’s order and

judgment dismissing without prejudice his

action for failure to prosecute

and failure to comply with a court order, and the court’s subsequent order denying

Anderson’s motion to alter or amend the judgment. 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,

(2007). Where, as here,

a party files a Rule 59(e) motion to alter or amend the judgment within 28 days of the

judgment’s entry, the 30-day appeal period is tolled until disposition of that motion. Fed.

R. App. P. 4(a)(4)(A)(iv).

The district court entered its order denying Anderson’s motion to alter or amend the

judgment on January 19, 2023. Anderson filed the notice of appeal on March 15, 2023. 1

Because Anderson failed to file a timely notice of appeal or to obtain an extension or

1 For purposes of this appeal, we assume that the date appearing on the notice of appeal is the earliest date Anderson could have delivered the notice of appeal to prison officials for mailing to the court. Fed. R. Civ. P. 4(c)(1); Houston v. Lack,

(1988).

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reopening of the appeal period, we dismiss the appeal. We deny Anderson’s motions for

general relief.

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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