Eugene Thomas v. James Dorriety

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cv-01585-MBS Copies to all parties and the district court/agency. [999097846]. Mailed to: appellant. [12-7977]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7977

EUGENE THOMAS,
Plaintiff - Appellant,
v.
JAMES M. DORRIETY; SCOTTY BODIFORD; TRACY H. KRIEN; PATRICIA
RAE, PA; SUSAN WARD, et al,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Aiken. Margaret B. Seymour, Senior District
Judge. (1:11-cv-01585-MBS)

Submitted:

April 17, 2013

Decided:

April 30,2013

Before MOTZ, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Eugene Thomas, Appellant Pro Se.
Russell W. Harter, Jr.,
CHAPMAN, HARTER & HARTER, PA, Greenville, South Carolina, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Eugene

Thomas,

a

South

Carolina

inmate,

seeks

to

appeal the district court’s order granting Defendants’ motion
for summary judgment in Thomas’ civil rights action.

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

September

25,

2012.

Around

transferred to another facility.

the

same

time,

Thomas

was

The district court re-issued

the order and judgment on October 1, 2012, after learning of
Thomas’ address change.

Running the thirty-day appeal period

from this later date, the latest day for filing a timely notice
of appeal was Thursday, October 31, 2012.
26(a)(1).

See Fed. R. App. P.

Thomas’ notice of appeal was filed, at the earliest,

on Wednesday, November 14, 2012.
Because

Thomas

See Fed. R. App. P. 4(c)(1).

failed

to

file

a

timely

notice

of

appeal or to obtain an extension or reopening of the appeal
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period, we are constrained to dismiss the appeal as untimely.
We

dispense

contentions

with
are

oral

argument

adequately

because

presented

in

the

facts

and

the

materials

legal
before

this court and argument would not aid the decisional process.

DISMISSED

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