Arnett Thomas v. Federal Medical Center , 474 F. App'x 903 ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6675
ARNETT THOMAS,
Plaintiff - Appellant,
v.
FEDERAL MEDICAL CENTER, Butner, North Carolina; BUREAU OF
PRISONS,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever, III,
Chief District Judge. (5:11-ct-03048-D)
Submitted: July 26, 2012 Decided: August 2, 2012
Before MOTZ, DAVIS, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Arnett Thomas, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Arnett Thomas appeals the district court’s order
denying relief on his complaint filed pursuant to Bivens v. Six
Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388(1971). We dismiss the appeal for lack of jurisdiction because
the notice of appeal was not timely filed.
When the United States or its officer or agency is a
party, the notice of appeal must be filed no more than sixty
days after the entry of the district court’s final judgment or
order, Fed. R. App. P. 4(a)(1)(B), 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 September 23, 2011. The notice of appeal was filed on April
9, 2012. Because Thomas failed to file a timely notice of
appeal or obtain an extension or reopening of the appeal period,
we deny leave to proceed in forma pauperis and dismiss the
appeal. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
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before the court and argument would not aid the decisional
process.
DISMISSED
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