Michael Campbell v. Larry Powers et al

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [998441950-2] Originating case number: 4:07-cv-03972-HFF Copies to all parties and the district court/agency. [998492969] [10-7289]

Michael Campbell v. Larry Powers et al

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Case: 10-7289 Document: 11

Date Filed: 12/29/2010

Page: 1

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7289 MICHAEL L. CAMPBELL, a/k/a Michael Leroy Campbell, Plaintiff - Appellant, v. LARRY W. POWERS, Director; J. SNIPES, Officer, Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Florence. Henry F. Floyd, District Judge. (4:07-cv-03972-HFF) Submitted: December 16, 2010 Decided: December 29, 2010

Before GREGORY, DUNCAN, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Michael L. Campbell, Appellant Pro Se. Andrew Todd Darwin, HOLCOMBE, BOMAR, GUNN & BRADFORD, PA, Spartanburg, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 10-7289 Document: 11

Date Filed: 12/29/2010

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PER CURIAM: Michael court's judge order and L. Campbell the seeks to appeal of the the district

adopting

recommendation on his 42 for

magistrate (2006)

denying We

relief the

U.S.C. lack

§ 1983 of

complaint.

dismiss

appeal

jurisdiction

because the notice of appeal was not timely filed. 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 25, 2009. The notice of appeal was filed on

September 10, 2010. *

Because Campbell failed to file a timely

notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. motion to assign counsel. We We also deny Campbell's with oral argument

dispense

because the facts and legal contentions are adequately presented For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988). 2
*

Case: 10-7289 Document: 11

Date Filed: 12/29/2010

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

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