Daniel Williams v. State of North Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:12-cv-00680-D Copies to all parties and the district court/agency. [999480772].. [14-1867]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1867

DANIEL D. WILLIAMS; PATTIE D. WILLIAMS,
Plaintiffs - Appellants,
v.
STATE OF NORTH CAROLINA; NASH COUNTY; BLB TRADING L.L.C.,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:12-cv-00680-D)

Submitted:

November 20, 2014

Decided:

November 24, 2014

Before KING and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Daniel D. Williams; Pattie D. Williams, Appellants Pro Se.
Kathryn Hicks Shields, Assistant Attorney General, Raleigh,
North Carolina; Renner Jo St. John, ROGERS, TOWNSEND & THOMAS,
PC, Charlotte, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Daniel

D.

Williams

and

Pattie

D.

Williams

seek

to

appeal the district court’s orders granting Defendants’ motions
to dismiss their civil complaint and denying relief under Fed.
R.

Civ.

P.

59(e).

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 July 18, 2014.

The notice of appeal was filed on August 19,

2014, one day after the appeal period expired. *

Because the

Williamses failed to file a timely notice of appeal or to obtain
an extension or reopening of the appeal period, we dismiss the
appeal.
legal

We dispense with oral argument because the facts and

contentions

are

adequately

*

presented

in

the

materials

The thirtieth day fell on Sunday, August 17, 2014. Thus,
the Williamses had until Monday, August 18, to timely file their
notice of appeal. See Fed. R. App. P. 26(a)(1).

2

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before

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this

court

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argument

would

not

aid

the

decisional

process.
DISMISSED

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