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Allen v. Stumbo

United States Court of Appeals, Fourth Circuit
Mar 21, 2023
No. 22-6934 (4th Cir. Mar. 21, 2023)

Opinion

22-6934

03-21-2023

AARON ALLEN, Plaintiff - Appellant, v. DAVID STUMBO, Solicitor; PENNY B. CARSON, Assist. Sol., Defendants - Appellees.

Aaron Allen, Appellant Pro Se.


UNPUBLISHED

Submitted: March 16, 2023

Appeal from the United States District Court for the District of South Carolina, at Anderson. Timothy M. Cain, District Judge. (8:22-cv-01045-TMC)

Before WILKINSON, AGEE, and HARRIS, Circuit Judges.

Aaron Allen, Appellant Pro Se.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Aaron Allen appeals the district court's order dismissing his complaint with prejudice. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

In civil cases, parties have 30 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 entered its order on July 5, 2022. Allen filed the notice of appeal on August 15, 2022. Because Allen 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


Summaries of

Allen v. Stumbo

United States Court of Appeals, Fourth Circuit
Mar 21, 2023
No. 22-6934 (4th Cir. Mar. 21, 2023)
Case details for

Allen v. Stumbo

Case Details

Full title:AARON ALLEN, Plaintiff - Appellant, v. DAVID STUMBO, Solicitor; PENNY B…

Court:United States Court of Appeals, Fourth Circuit

Date published: Mar 21, 2023

Citations

No. 22-6934 (4th Cir. Mar. 21, 2023)