Thomas Stormer v. Virginia Beach Correctional
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:12-cv-00119-JAG Copies to all parties and the district court/agency. [999460917]. Mailed to: Stormer. [14-6644]
Appeal: 14-6644
Doc: 14
Filed: 10/23/2014
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6644
THOMAS ALLEN STORMER,
Plaintiff - Appellant,
v.
VA BEACH CORRECTIONAL CENTER MEDICAL DEPT; ABDUL JAMALUDEEN,
Doctor,
Virginia
Beach
Correctional
Center;
CATHERINE
CARTWRIGHT, LLS/LLS, Virginia Beach Correctional Center,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
John A. Gibney, Jr.,
District Judge. (3:12-cv-00119-JAG)
Submitted:
October 21, 2014
Decided:
October 23, 2014
Before SHEDD, DUNCAN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Thomas Allen Stormer, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 14-6644
Doc: 14
Filed: 10/23/2014
Pg: 2 of 3
PER CURIAM:
Thomas
Allen
Stormer
seeks
to
appeal
the
district
court’s order dismissing his 42 U.S.C. § 1983 (2012) 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, 2014.
2014. *
The notice of appeal was filed on April 21,
Because Stormer 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
(1988).
2
Appeal: 14-6644
Doc: 14
materials
before
Filed: 10/23/2014
this
court
Pg: 3 of 3
and
argument
would
not
aid
the
decisional process.
DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?