Gurley Glenn v. Metech Recycling, Inc. ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-1687
GURLEY E. GLENN,
Plaintiff - Appellant,
v.
METECH RECYCLING, INC.; MIKE MCMORROW, Chief Financial Officer;
ANDREW MCMANUS, Chief Executive Officer, Creedmoor, N.C. Facility,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:16-cv-00697-FL)
Submitted: November 19, 2020 Decided: November 23, 2020
Before WILKINSON, KING, and QUATTLEBAUM, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gurley E. Glenn, Appellant Pro Se. Jason V. Federmack, JACKSON LEWIS PC, Raleigh,
North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gurley E. Glenn seeks to appeal the district court’s order dismissing his
postjudgment motion. 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 August 1, 2019. Glenn filed the notice of
appeal on June 15, 2020. Because Glenn failed to file a timely notice of appeal or to obtain
an extension or reopening of the appeal period, we deny Glenn’s motions to stay and
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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