Ronald Legg v. South Carolina
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:13-cv-00172-RMG Copies to all parties and the district court/agency. [999156572]. Mailed to: appellant. [13-6653]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6653
RONALD L. LEGG,
Plaintiff - Appellant,
v.
SOUTH CAROLINA; W. THOMAS FLOYD,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Richard Mark Gergel, District
Judge. (4:13-cv-00172-RMG)
Submitted:
July 18, 2013
Decided:
July 23, 2013
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ronald L. Legg, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Ronald L. Legg seeks to appeal the district court’s
order adopting the magistrate judge’s report and recommendation
and dismissing without prejudice his 42 U.S.C. § 1983 (2006)
complaint.
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 March 7, 2013.
The notice of appeal was filed on April 18,
2013. * Because Legg 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
legal
We dispense with oral argument because the
contentions
are
*
adequately
presented
in
the
For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to
the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266,
276 (1988).
2
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materials
before
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this
court
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and
argument
would
not
aid
the
decisional process.
DISMISSED
3
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