Opinion
22-7028
02-24-2023
DONALD DOC VAUGHAN, Plaintiff - Appellant, v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES; R.C.I.; ANTHONY HUTZLER, CO II; RILEY STRAWDERMAN, CO II; BRENDAN RENNER, CO II, Defendants - Appellees.
Donald Vaughn, Appellant Pro Se.
UNPUBLISHED
Submitted: February 21, 2023
Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, Senior District Judge. (1:20-cv-00813-CCB)
Donald Vaughn, Appellant Pro Se.
Before NIEMEYER and DIAZ, Circuit Judges, and MOTZ, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Donald Doc Vaughn seeks to appeal the district court's order granting Defendants' motion to dismiss or, in the alternative, for summary judgment, in Vaughn's 42 U.S.C. § 1983 action. We dismiss this 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 October 27, 2020. Vaughn filed the underlying notice of appeal, at the earliest, on August 7, 2022. See Houston v. Lack, 487 U.S. 266, 276 (1988). Because Vaughn 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