Opinion
No. 19-2045
03-12-2020
JOHN LASCHKEWITSCH, Plaintiff - Appellant, v. AMERICAN NATIONAL LIFE INSURANCE COMPANY, Defendant - Appellee.
John B. Laschkewitsch, Appellant Pro Se. Harold Edward Johnson, WILLIAMS MULLEN, Richmond, Virginia, for Appellee.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:15-cv-00021-D) Before NIEMEYER and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. John B. Laschkewitsch, Appellant Pro Se. Harold Edward Johnson, WILLIAMS MULLEN, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
John Laschkewitsch seeks to appeal the district court's order denying his Fed. R. Civ. P. 60(b) motion. 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 May 2, 2019. Laschkewitsch filed the notice of appeal on September 16, 2019. Because the district court only extended the time to file the notice of appeal until July 29, 2019, we dismiss the appeal.
We grant leave to file the informal reply brief out of time. 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