Walter Simmons v. Surry County , 546 F. App'x 323 ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7433
WALTER COLUMBUS SIMMONS,
Plaintiff - Appellant,
v.
SURRY COUNTY,
Defendant - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. William L. Osteen,
Jr., Chief District Judge. (1:13-cv-00359-WO-JLW)
Submitted: November 19, 2013 Decided: November 22, 2013
Before WYNN and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Walter Columbus Simmons, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Walter Columbus Simmons seeks to appeal the district
court’s order accepting the recommendation of the magistrate
judge and dismissing his 42 U.S.C. § 1983 (2006) complaint. We
dismiss the appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
Parties are accorded thirty 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 entered on the docket
on July 17, 2013. The notice of appeal was filed, at the
earliest, on September 4, 2013. Because Simmons 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
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