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Davis v. Kia Motors America, Inc.

United States Court of Appeals, Fourth Circuit
Mar 19, 2010
370 F. App'x 408 (4th Cir. 2010)

Opinion

No. 09-2296.

Submitted: March 16, 2010.

Decided: March 19, 2010.

Appeal from the United States District Court for the District of South Carolina, at Greenville. R. Bryan Harwell, District Judge. (6:08-cv-01937-RBH).

Sabrina D. Davis, Appellant Pro Se. David Christopher Marshall, Curtis L. Ott, Turner, Padget, Graham Laney, PA, Columbia, South Carolina, for Appellee.

Before NIEMEYER, MOTZ and DAVIS, Circuit Judges.


Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Sabrina D. Davis seeks to appeal the district court's order dismissing her complaint for lack of subject matter jurisdiction. Defendant Kia Motors America, Incorporated has moved to dismiss the appeal as untimely.

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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court's order was entered on the docket on August 18, 2009. The notice of appeal was filed on November 18, 2009. Because Davis failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we grant the motion to dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid in the decisional process.

DISMISSED.


Summaries of

Davis v. Kia Motors America, Inc.

United States Court of Appeals, Fourth Circuit
Mar 19, 2010
370 F. App'x 408 (4th Cir. 2010)
Case details for

Davis v. Kia Motors America, Inc.

Case Details

Full title:Sabrina D. DAVIS, Plaintiff-Appellant, v. KIA MOTORS AMERICA…

Court:United States Court of Appeals, Fourth Circuit

Date published: Mar 19, 2010

Citations

370 F. App'x 408 (4th Cir. 2010)

Citing Cases

Davis v. Kia Motors America, Inc.

In a prior opinion we dismissed Davis's appeal for lack of jurisdiction on the ground that her notice of…