Anthony Fishburne v. Sarah Hamilton

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:14-cv-03572-TMC. Copies to all parties and the district court/agency. [999529984]. Mailed to: Anthony Fishburne. [14-2344]

Appeal: 14-2344

Doc: 7

Filed: 02/18/2015

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-2344

ANTHONY LAMAR FISHBURNE,
Plaintiff - Appellant,
v.
SARAH L. HAMILTON, SC DSS Child Support Specialist,
Defendant - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Greenville. Timothy M. Cain, District Judge.
(6:14-cv-03572-TMC)

Submitted:

February 12, 2015

Decided:

February 18, 2015

Before MOTZ, WYNN, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anthony Lamar Fishburne, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-2344

Doc: 7

Filed: 02/18/2015

Pg: 2 of 2

PER CURIAM:
Anthony Lamar Fishburne seeks to appeal the district
court’s

order

adopting

the

recommendation

of

the

magistrate

judge and dismissing his civil complaint against a caseworker at
the South Carolina Department of Social Services.

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 November 6, 2014, and the appeal period expired on December
8, 2014.

The notice of appeal was filed on December 9, 2014,

one day late.

Because Fishburne failed to file a timely notice

of appeal or to obtain an extension or reopening of the appeal
period, we dismiss the appeal.

We dispense with oral argument

because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
DISMISSED
2