Gerald Sullivan v. Jon Ozmint

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:09-cv-01173-DCN Copies to all parties and the district court/agency. [998702713]. Mailed to: Sullivan. [11-6907]

Appeal: 11-6907

Document: 8

Date Filed: 10/18/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6907

GERALD SULLIVAN,
Plaintiff – Appellant,
v.
JON OZMINT, Commissioner of SCDC; ANTHONY PADULA, Warden of
Lee
Correctional
Institution;
RONNIE
CRIBB,
Captain;
ANTHONY DAVIS, Lieutenant; LIEUTENANT MIMS; S. PARKER,
Officer; OFFICER SAURS; NURSE BROWN,
Defendants – Appellees,
and
OFFICER HOLT; MAURICE MCBRIDE, Corporal,
Defendants.

Appeal from the United States District Court for the District of
South Carolina, at Greenville. David C. Norton, Chief District
Judge. (6:09-cv-01173-DCN)

Submitted:

October 13, 2011

Decided:

October 18, 2011

Before SHEDD, AGEE, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gerald Sullivan, Appellant Pro Se. Bradford Cary Andrews,
Samuel F. Arthur, III, AIKEN, BRIDGES, NUNN, ELLIOTT & TYLER,

Appeal: 11-6907

Document: 8

Date Filed: 10/18/2011

Page: 2 of 3

PA, Florence, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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Appeal: 11-6907

Document: 8

Date Filed: 10/18/2011

Page: 3 of 3

PER CURIAM:
Gerald Sullivan seeks to appeal the district court’s
order adopting the report and recommendation of the magistrate
judge and dismissing his 42 U.S.C. § 1983 (2006) suit.

He also

challenges the denial of his motion for reconsideration.

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.”
The

Bowles v. Russell, 551 U.S. 205, 214 (2007).
most

recent

order

entered on December 29, 2010.
entered on July 8, 2011.

by

the

district

court

was

The undated notice of appeal was

Because Sullivan failed to file a

timely notice of appeal or to obtain an extension or reopening
of the appeal period, we dismiss the appeal.
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

We dispense with
contentions
the

court

are
and

argument would not aid the decisional process.

DISMISSED
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