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Curry v. Blue Cross Blue Shield of SC

United States Court of Appeals, Fourth Circuit
Jul 25, 2011
440 F. App'x 181 (4th Cir. 2011)

Opinion

No. 11-1492.

Submitted: July 21, 2011.

Decided: July 25, 2011.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., District Judge (3:09-cv-02718-JFA).

Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Vanessa Wimberly Curry, Appellant Pro Se. Kathryn Thomas, GIGNILLIAT, SAVITZ BETTIS, Columbia, South Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.


Vanessa Wimberly Curry seeks to appeal the district court's order of judgment in this action alleging employment discrimination. 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 March 16, 2011. The notice of appeal was filed fifty days later, on May 5, 2011. Because Curry 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 the court and argument would not aid the decisional process.

DISMISSED


Summaries of

Curry v. Blue Cross Blue Shield of SC

United States Court of Appeals, Fourth Circuit
Jul 25, 2011
440 F. App'x 181 (4th Cir. 2011)
Case details for

Curry v. Blue Cross Blue Shield of SC

Case Details

Full title:VANESSA WIMBERLY CURRY, Plaintiff-Appellant, v. BLUE CROSS BLUE SHIELD OF…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jul 25, 2011

Citations

440 F. App'x 181 (4th Cir. 2011)