USCA4 Appeal: 23-7160 Doc: 17 Filed: 06/17/2024 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-7160

MICHAEL FRASIER, Plaintiff - Appellant, v. DR. J. ALDEN, Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Florence.

Donald C. Coggins, Jr., District Judge. (4:21-cv-00031-DCC)

Submitted: June 13, 2024 Decided: June 17, 2024

Before RUSHING and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Michael Frasier, Appellant Pro Se. Michael Charles Tanner, MICHAEL C. TANNER LAW OFFICE, Bamberg, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 23-7160 Doc: 17 Filed: 06/17/2024 Pg: 2 of 2

PER CURIAM: Michael Frasier seeks to appeal the district court’s order accepting the magistrate judge’s recommendation and granting summary judgment in favor of Defendant Dr. J.

Alden in Frasier’s 42 U.S.C. § 1983 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, 551 U.S. 205, 214 (2007).

The district court entered its order on September 28, 2023, and the appeal period expired on October 30, 2023. Frasier filed the notice of appeal on November 16, 2023.

Because Frasier 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