Jerome Garcia v. Kendra Dove

USCA4 Appeal: 26-1206 Doc: 6 Filed: 04/07/2026 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 26-1206

JEROME GARCIA, Plaintiff - Appellant, v. KENDRA L. DOVE; JOHN HOPKINS, Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Mary G. Lewis, District Judge. (3:25-cv-06624-MGL)

Submitted: March 30, 2026 Decided: April 7, 2026

Before AGEE, RICHARDSON, and HEYTENS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jerome Garcia, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 26-1206 Doc: 6 Filed: 04/07/2026 Pg: 2 of 2

PER CURIAM: Jerome Garcia seeks to appeal the district court’s order accepting the magistrate judge’s recommendation and dismissing his 42 U.S.C. § 1983 complaint as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). 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 November 25, 2025, so the appeal period expired on December 26, 2025. See Fed. R. Civ. P. 6(a)(1)(C) (excluding legal holidays).

Garcia filed his notice of appeal on February 17, 2026. Because Garcia 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