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Scott v. Carter Roag Coal Co.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Sep 24, 2020
No. 20-1508 (4th Cir. Sep. 24, 2020)

Opinion

No. 20-1508

09-24-2020

WILLIAM E. SCOTT, JR., Plaintiff - Appellant, v. CARTER ROAG COAL COMPANY, Defendant - Appellee.

William E. Scott, Jr., Appellant Pro Se. Mark Curtis Dean, Joseph Umberto Leonoro, STEPTOE & JOHNSON PLLC, Charleston, West Virginia, for Appellee.


UNPUBLISHED

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, District Judge. (2:19-cv-00050-JPB-MJA) Before NIEMEYER, KEENAN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. William E. Scott, Jr., Appellant Pro Se. Mark Curtis Dean, Joseph Umberto Leonoro, STEPTOE & JOHNSON PLLC, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

William E. Scott, Jr., seeks to appeal the district court's order granting Carter Roag Coal Company's motion to dismiss Scott's religious discrimination claims, brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17. 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 dismissal order on February 27, 2020. Scott filed the notice of appeal on April 29, 2020. Because Scott 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

Scott v. Carter Roag Coal Co.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Sep 24, 2020
No. 20-1508 (4th Cir. Sep. 24, 2020)
Case details for

Scott v. Carter Roag Coal Co.

Case Details

Full title:WILLIAM E. SCOTT, JR., Plaintiff - Appellant, v. CARTER ROAG COAL COMPANY…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Sep 24, 2020

Citations

No. 20-1508 (4th Cir. Sep. 24, 2020)