Steven Ivey v. Fair Labor Relations Authority

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:10-cv-00064-D. Copies to all parties and the district court/agency. [998877929]. Mailed to: Steven Ivey. [12-1086]

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Appeal: 12-1086 Doc: 19 Filed: 06/19/2012 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-1086 STEVEN IVEY, Plaintiff – Appellant, v. FAIR LABOR RELATIONS AUTHORITY, a/k/a Federal Labor Relations Authority; NATIONAL TREASURY EMPLOYEES UNION, Defendants – Appellees, and DOUG VAN BUREN; LISA PORTER; ANGELA STRONG, Defendants. Appeal from the United States District Court for the Eastern District of North Carolina, at Elizabeth City. James C. Dever, III, Chief District Judge. (2:10-cv-00064-D) Submitted: June 11, 2012 Decided: June 19, 2012 Before KEENAN, DIAZ, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Steven Ivey, Appellant Pro Se. Pamela Penny Johnson, Rosa M. Koppel, FEDERAL LABOR RELATIONS AUTHORITY, Washington, D.C.; Peyton H.N. Lawrimore, L. Pat Wynns, NATIONAL TREASURY EMPLOYEES UNION, Washington, D.C., for Appellees. Appeal: 12-1086 Doc: 19 Filed: 06/19/2012 Pg: 2 of 3 Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 12-1086 Doc: 19 Filed: 06/19/2012 Pg: 3 of 3 PER CURIAM: Steven Ivey seeks to appeal the district court’s order granting the Defendants’ motions to dismiss his complaint. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. When the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty days after the entry of the district court’s final judgment or order, Fed. R. App. P. 4(a)(1)(B), 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). timely filing of a notice jurisdictional requirement.” of appeal in a civil “[T]he case is a Bowles v. Russell, 551 U.S. 205, 214 (2007). The district court’s order was entered on the docket on October 24, 2011. 17, 2012. The notice of appeal was filed on January Because Ivey failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument Court presented would not in the aid the decisional process. DISMISSED 3

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