Matthew Barreto v. WesBanco, Inc. ( 2022 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1100
MATTHEW A. BARRETO,
Plaintiff - Appellant,
v.
WESBANCO, INC.,
Defendant - Appellee.
Appeal from the United States District Court for the Northern District of West Virginia, at
Wheeling. John Preston Bailey, District Judge. (5:21-cv-00129-JPB-JPM)
Submitted: April 26, 2022 Decided: April 29, 2022
Before AGEE and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Matthew A. Barreto, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Matthew A. Barreto seeks to appeal the district court’s order dismissing his civil
complaint without prejudice for failure to prosecute. 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 December 16, 2021. Barreto filed the notice
of appeal on February 2, 2022. Because Barreto 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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