Opinion
22-7056
01-20-2023
JESSE JAMES COPEN, SR., Plaintiff - Appellant, v. PAM DANIELS, DCR Employed?; ERIN LYNN, Parole Officers Supervisor; MISTY FLETCHER, DHHR Worker; CHRISTINA HARPER, Assistant Prosecuting Attorney; STEVE NANNERS, Attorney; DAVID FUELHART, 2nd Attorney, Defendants - Appellees.
Jesse James Copen, Sr., Appellant Pro Se.
UNPUBLISHED
Submitted: January 17, 2023
Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:22-cv-00128-JPB-JPM)
Jesse James Copen, Sr., Appellant Pro Se.
Before KING and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Jesse James Copen, Sr., appeals the district court's order dismissing his 42 U.S.C. § 1983 complaint. 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 1, 2022. Copen filed the notice of appeal on August 31, 2022.[*] Because Copen 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
[*] For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date Copen could have delivered the notice to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).