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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1600 L. RUTHER, Plaintiff - Appellant, v. JP MORGAN CHASE BANK, NA, Defendant - Appellee.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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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Precedential Status: Non-Precedential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