Opinion
No. 14-6996
01-12-2015
CHARLES M. CASSELL, III, Plaintiff - Appellant, v. FNU DAWKINS, Dr.; DAVID GUINN, Physician's Assistant, Defendants - Appellees.
Charles M. Cassell, III, Appellant Pro Se.
UNPUBLISHED Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Frank D. Whitney, Chief District Judge. (5:14-cv-00060-FDW) Before NIEMEYER and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Charles M. Cassell, III, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Charles M. Cassell, III, seeks to appeal the district court's order dismissing this 42 U.S.C. § 1983 (2012) action. 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 2, 2014. The notice of appeal was filed on June 19, 2014. See Houston v. Lack, 487 U.S. 266, 276 (1988) (notice of appeal deemed filed upon its delivery to prison officials for mailing). Because Cassell 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