USCA4 Appeal: 25-6717 Doc: 10 Filed: 10/21/2025 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-6717

DAVID LEE MILLBROOKS,

Plaintiff - Appellant,

v.

ANNA BARNETT, Greenville County Sheriff Officer; MORGAN SHANKLE, Court-Appointed Lawyer; JONATHAN GARRETT, Investigator, Greenville County Sheriff Department; SCOTTY BODIFORD, Administrator for Greenville County Detention Center,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Jacquelyn Denise Austin, District Judge. (6:24-cv-04864-JDA)

Submitted: October 16, 2025 Decided: October 21, 2025

Before KING, AGEE, and RICHARDSON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Lee Millbrooks, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6717 Doc: 10 Filed: 10/21/2025 Pg: 2 of 3

PER CURIAM:

David Lee Millbrooks seeks to appeal the district court’s order accepting the

magistrate judge’s recommendation and dismissing Millbrooks’s

complaint without prejudice and without service of process. See

(e)(2)(B), 1915A(b). 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 October 18, 2024, and the appeal period

expired on November 18, 2024. See Fed. R. Civ. P. 6(a)(1)(C). Millbrooks filed the notice

of appeal on August 21, 2025. 1 Because Millbrooks failed to file a timely notice of appeal

or to obtain an extension or reopening of the appeal period, we deny his motion for relief

from the obligation to pay installment fees and his motion for assignment of counsel and

dismiss the appeal. 2

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

(1988). 2 Liberally construed, Millbrooks’s notice of appeal included a motion for an extension or reopening of the appeal period. But Millbrooks did not explain why he might (Continued) 2 USCA4 Appeal: 25-6717 Doc: 10 Filed: 10/21/2025 Pg: 3 of 3

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

be entitled to such relief, and, in any event, he filed this motion outside the 30-day excusable neglect period, Fed. R. App. P. 4(a)(5)(A)(i), and the 180-day reopening period, Fed. R. App. P. 4(a)(6)(B).

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