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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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