Anthony Fishburne v. Sarah Hamilton , 592 F. App'x 228 ( 2015 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-2344
    ANTHONY LAMAR FISHBURNE,
    Plaintiff - Appellant,
    v.
    SARAH L. HAMILTON, SC DSS Child Support Specialist,
    Defendant - Appellee.
    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. Timothy M. Cain, District Judge.
    (6:14-cv-03572-TMC)
    Submitted:   February 12, 2015            Decided:   February 18, 2015
    Before MOTZ, WYNN, and FLOYD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Anthony Lamar Fishburne, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Anthony Lamar Fishburne seeks to appeal the district
    court’s    order   adopting   the   recommendation   of   the   magistrate
    judge and dismissing his civil complaint against a caseworker at
    the South Carolina Department of Social Services.               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 November 6, 2014, and the appeal period expired on December
    8, 2014.     The notice of appeal was filed on December 9, 2014,
    one day late.      Because Fishburne 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: 14-2344

Citation Numbers: 592 F. App'x 228

Filed Date: 2/18/2015

Precedential Status: Non-Precedential

Modified Date: 1/13/2023