L. Ruther v. JP Morgan Chase Bank, NA. , 585 F. App'x 54 ( 2014 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-1600
    L. RUTHER,
    Plaintiff - Appellant,
    v.
    JP MORGAN CHASE BANK, NA,
    Defendant - Appellee.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.    Anthony John Trenga,
    District Judge. (1:14-cv-00486-AJT-TRJ)
    Submitted:   October 21, 2014             Decided:   October 23, 2014
    Before SHEDD, DUNCAN, and FLOYD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Lawrence Ruther, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    L. Ruther seeks to appeal the district court’s order
    dismissing his civil action without prejudice under 
    28 U.S.C. § 1915
    (e)(2)(B)(ii) (2012).           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 May 8, 2014.         The notice of appeal was filed on June 17,
    2014.   Because Ruther 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
    2
    

Document Info

Docket Number: 14-1600

Citation Numbers: 585 F. App'x 54

Filed Date: 10/23/2014

Precedential Status: Non-Precedential

Modified Date: 1/13/2023