Sabrina Davis v. Kia Motors America, Incorporat
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
SABRINA D. DAVIS, Plaintiff Appellant, v. KIA MOTORS AMERICA, INCORPORATED, Defendant Appellee, and KIA MOTORS OF AMERICA, Defendant.
Appeal from the United States District Court for the District of South Carolina, at Greenville. R. Bryan Harwell, District Judge. (6:08-cv-01937-RBH)
March 16, 2010
March 19, 2010
Before NIEMEYER, MOTZ and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sabrina D. Davis, Appellant Pro Se. David Christopher Marshall, Curtis L. Ott, TURNER, PADGET, GRAHAM & LANEY, PA, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Sabrina D. Davis seeks to appeal the district court's order dismissing her complaint for lack of subject matter
Defendant Kia Motors America, Incorporated has
moved to dismiss the appeal as untimely. 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 August 18, 2009. 18, 2009. The notice of appeal was filed on November
Because Davis failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal period, we grant the motion to 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 in the decisional process. DISMISSED
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