USCA4 Appeal: 23-6853 Doc: 17 Filed: 02/06/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6853

CHRISTOPHER MICHAEL GAINES,

Plaintiff - Appellant,

v.

JAMES F. WHITLEY, Superintendent,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:18-cv-00417-JLK-JCH)

Submitted: January 30, 2024 Decided: February 6, 2024

Before KING, AGEE, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Christopher Michael Gaines, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6853 Doc: 17 Filed: 02/06/2024 Pg: 2 of 2

PER CURIAM:

Christopher Gaines seeks to appeal the district court’s order granting his motion to

voluntarily dismiss his

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,

(2007).

The district court entered its order on September 19, 2018. Gaines filed the notice

of appeal on Aug. 14, 2023. * Because Gaines 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 Gaines could have delivered the notice to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack,

(1988).

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