David Garner v. Charleston County Detention Ce

Filing 920090305

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7693

DAVID LEE GARNER, Plaintiff - Appellant, v. CHARLESTON COUNTY DETENTION CENTER; FEDERAL GOVERNMENT, Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Terry L. Wooten, District Judge. (3:07-cv-03654-TLW-JRM)

Submitted:

February 26, 2009

Decided:

March 5, 2009

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Lee Garner, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: David Lee Garner seeks to appeal the district court's order dismissing his 42 U.S.C. § 1983 (2000) complaint for

failure to comply with the court's order.

We dismiss the appeal

for lack of jurisdiction because the notice of appeal was not timely filed. The time limits for noting an appeal in a civil case are set forth in Rule 4(a) of the Federal Rules of Appellate Procedure, which effectuates 28 U.S.C. § 2107 (2006). See

Bowles v. Russell, 551 U.S. 205, (2007).

, 127 S. Ct. 2360, 2363

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). a notice of appeal in accordance with § A failure to file 2107 deprives the

appellate court of jurisdiction.

Bowles, 127 S. Ct. at 2366.

The district court's order was entered on the docket on January 24, 2008. The notice of appeal was filed on

August 22, 2008.

Because Garner 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

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in the materials before the court and argument would not aid the decisional process. DISMISSED

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