USCA4 Appeal: 23-7086 Doc: 20 Filed: 02/06/2024 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-7086

BILAL A. AL-HAQQ, Michael Dion McFadden,

Plaintiff - Appellant,

v.

ASSOCIATE WARDEN JOSEPH CANNING, in his individual and official capacity; WARDEN EVONNE WILLINGHAM, in her individual and official capacity; ASSOCIATE WARDEN ELAINE FREEMAN, in her individual and official capacity; MAJOR JONATHAN WILLIAMS, in his individual and official capacity; CAPTAIN VALERIE THOMAS, in her individual and official capacity; DHO DEDRIC WILLIAMS, in his individual and official capacity; SERGEANT MICHAEL HARRIS, in his individual and official capacity; IGC JENNIFER FRANKLIN, in her individual and official capacity,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Donald C. Coggins, Jr., District Judge. (2:20-cv-03233-DCC)

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

Before KING, AGEE, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion. USCA4 Appeal: 23-7086 Doc: 20 Filed: 02/06/2024 Pg: 2 of 3

Bilal A. Al-Haqq, Appellant Pro Se. Elloree Ann Ganes, Evan Michael Sobocinski, HOOD LAW FIRM, LLC, Charleston, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:

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

recommendation of the magistrate judge, denying his summary judgment motion, and

granting in part and denying in part Defendants’ summary judgment motion filed in his

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,

(2007).

The district court entered its order on September 1, 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 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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