Christopher Jones v. Boyd Bennett
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:09-cv-00025-GCM. Copies to all parties and the district court/agency. [998616030]. Mailed to: Christopher Jones. [11-6327]
Appeal: 11-6327
Document: 13
Date Filed: 06/21/2011
Page: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6327
CHRISTOPHER JONES,
Plaintiff – Appellant,
v.
BOYD BENNETT, Director of Prisons; KEITH WHITENER,
Superintendent, Alexander Correctional Institution; FNU MADOXX,
Captain; ANGELA SMIGIEL, RN, Medical Specialist, NCPLS; SARAH
BLAIR, Attorney, NCPLS; FNU BAKER, PA, Alexander Correctional
Institution,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Graham C. Mullen,
Senior District Judge. (5:09-cv-00025-GCM)
Submitted:
June 16, 2011
Before NIEMEYER and
Senior Circuit Judge.
GREGORY,
Decided:
Circuit
Judges,
June 21, 2011
and
HAMILTON,
Dismissed by unpublished per curiam opinion.
Christopher Jones, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 11-6327
Document: 13
Date Filed: 06/21/2011
Page: 2 of 2
PER CURIAM:
Christopher Jones seeks to appeal the district court’s
judgment dismissing his 42 U.S.C. § 1983 (2006) complaint for
failure to state a claim on which relief may be granted.
We
dismiss the appeal for lack of 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 March 25, 2009.
13, 2011.
The notice of appeal was filed on January
Because Jones 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 the court and argument would not aid the
decisional process.
DISMISSED
2
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