Floyd Joyner, Sr. v. Sharon Jones , 633 F. App'x 211 ( 2016 )


Menu:
  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 15-7692
    FLOYD JOYNER, SR.,
    Plaintiff - Appellant,
    v.
    SHARON JONES, Clerk Isle of Wight Circuit Court; ANTOINETTE
    E. TUCKER, Office of the Public Defender,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.   Liam O’Grady, District
    Judge. (1:14-cv-01771-LO-MSN)
    Submitted:   March 17, 2016                 Decided:   March 21, 2016
    Before WILKINSON, NIEMEYER, and KING, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Floyd Joyner, Sr., Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Floyd Joyner, Sr., seeks to appeal the district court’s
    order dismissing      his   complaint       for    failure   to    state    a   claim
    under 28 U.S.C. § 1915A(b) (2012).                 We dismiss the appeal for
    lack of jurisdiction because the notice of appeal was not timely
    filed.
    Parties    are   accorded    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’s order was filed on April 30, 2015, and
    entered on the docket on May 1, 2015.                The notice of appeal was
    filed on October 14, 2015.             Because Joyner failed to file a
    timely notice of appeal or to obtain an extension or reopening
    of the appeal period, we dismiss the appeal.                   We deny Joyner’s
    motions for default judgment and to amend and 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
    2
    

Document Info

Docket Number: 15-7692

Citation Numbers: 633 F. App'x 211

Filed Date: 3/21/2016

Precedential Status: Non-Precedential

Modified Date: 1/13/2023