Dwight Jones v. Patsy McDaniel
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to dismiss appeal as moot [998967645-2]; denying Motion to suspend as moot [998967645-3]; denying as moot Motion for other relief [998974689-2] Originating case number: 5:11-cv-00754-RBH Copies to all parties and the district court/agency. [998982805]. Mailed to: Dwight Xavier Jones. [12-7685]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7685
DWIGHT XAVIER JONES,
Plaintiff - Appellant,
v.
PATSY MCDANIEL, Lexington County Detention Center; MAJOR
QUIG, Lexington County Detention Center; CAPTAIN RONALD
O’NEILL, Lexington County Detention Center,
Defendants - Appellees,
and
MELODY JAMES, Cayce Magistrate Court Judge; PSO BRADACS;
CAYCE PUBLIC SAFETY,
Defendants.
Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
R. Bryan Harwell, District
Judge. (5:11-cv-00754-RBH)
Submitted:
November 13, 2012
Decided: November 16, 2012
Before NIEMEYER, GREGORY, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dwight Xavier Jones, Appellant Pro Se.
Daniel C. Plyler,
DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for
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Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Dwight Xavier Jones, a South Carolina prisoner, seeks
to
appeal
the
district
court’s
orders
adopting
the
recommendations of the magistrate judge and dismissing his civil
action.
Appellees Major Quig and Captain Ronald O’Neill and
Defendant PSO Bradacs move to dismiss the appeal for lack of
jurisdiction
and
for
suspension
of
the
deadline
to
file
an
informal response brief.
After review of the record and the
motion
dismiss
to
dismiss,
we
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
2012.
Bowles v. Russell, 551 U.S. 205, 214 (2007).
district
court
entered
judgment
on
August
15,
The notice of appeal was filed on September 17, 2012. *
Because Jones failed to file a timely notice of appeal or to
*
Jones admits in his informal brief that he delivered the
notice of appeal to prison officials for mailing to the court on
September 17, 2012.
Accordingly, we treat this date as the
filing date for the notice of appeal. See Fed. R. App. P. 4(c);
Houston v. Lack, 487 U.S. 266, 276 (1988).
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obtain
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an
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extension
or
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reopening
of
the
appeal
period,
we
dismiss the appeal and deny as moot the motions to dismiss and
for
suspension
brief.
of
the
deadline
to
file
an
informal
response
We also deny as moot Jones’ motion to proceed with an
appeal to the Supreme Court.
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
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