USCA4 Appeal: 23-7084 Doc: 25 Filed: 02/06/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-7084

BILAL A. AL-HAQQ,

Plaintiff - Appellant,

v.

KENNETH L. JAMES, PREA; EYVONNE WILLINGHAM, Warden; JOSEPH CANNING, Associate Warden; ELAINE FREEMAN, Associate Warden; CORPORAL LAPOINT, Officer at Trenton Correctional Institution; MARK COURTNEY, Lieutenant; JAMES WILLIAMS, Lieutenant; KAREN MEALER, Mail Room Supervisor; JOSHUA MCKIE, Administrative Captain; THOMAS BYRNE, Doctor; ANN SHEPPARD, Associate Warden; BRIAN KENDELL, Warden,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Donald C. Coggins, Jr., District Judge. (2:21-cv-01721-DCC)

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

Before KING, AGEE, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bilal A. Al-Haqq, Appellant Pro Se. Norma Anne Turner Jett, NESS & JETT, LLC, Bamberg, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-7084 Doc: 25 Filed: 02/06/2024 Pg: 2 of 2

PER CURIAM:

Bilal A. Al-Haqq seeks to appeal the district court’s order adopting the

recommendation of the magistrate judge and granting summary judgment to Defendants in

his

civil action. Appellees move to dismiss the appeal. 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 November 22, 2022. Al-Haqq filed the notice

of appeal on October 13, 2023. * Because Al-Haqq failed to file a timely notice of appeal

or to obtain an extension or reopening of the appeal period, we grant Appellees’ motion

and 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 Al-Haqq 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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