Steven Brown v. Willie Eagleton

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999359518-2] Originating case number: 8:13-cv-00674-DCN Copies to all parties and the district court/agency. [999428233]. Mailed to: Steven Brown. [14-6726]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6726

STEVEN C. BROWN, a/k/a Steven Cory Brown,
Plaintiff - Appellant,
v.
WILLIE L. EAGLETON, Warden, all sued in their official
capacity respectfully; ROBIN K. CHAVIS, Associate Warden,
all sued in their official capacity respectfully; JAMES
BETHEA, Classification Worker, all sued in their official
capacity respectfully; ARGIE GRAVES, Grievance Clerk, all
sued in their official capacity respectfully,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Aiken.
David C. Norton, District Judge.
(8:13-cv-00674-DCN)

Submitted:

August 28, 2014

Decided:

September 3, 2014

Before WILKINSON, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Steven C. Brown, Appellant Pro Se. James Victor McDade, DOYLE,
O’ROURKE, TATE & MCDADE, PA, Anderson, South Carolina, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Steven C. Brown seeks to appeal the district court’s
order adopting the magistrate judge’s recommendation to dismiss
his 42 U.S.C. § 1983 (2012) action against Defendants.
has also filed a motion for appointment of counsel.

Brown
We deny

Brown’s motion for appointment of counsel and dismiss the appeal
for lack of jurisdiction.
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.”
The

Bowles v. Russell, 551 U.S. 205, 214 (2007).
district

court’s

docket on November 22, 2013.
on

May

6,

untimely.

2014. *

judgment

was

entered

on

the

Brown filed his notice of appeal

Accordingly,

Brown’s

notice

of

appeal

is

Although Brown suggests that he timely filed a notice

of appeal soon after receiving notice of the district court’s
dismissal

order,

Brown

provides

appeal was timely filed.
of

appeal
*

cannot

satisfy

no

proof

that

his

notice

of

Moreover, Brown’s May 6, 2014 notice
the

requirements

for

Houston v. Lack, 487 U.S. 266, 270 (1988).

2

a

motion

for

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extension or a reopening of the appeal period and, thus, it will
not be construed as such.

See Fed. R. App. P. 4(a)(5), (a)(6).

Based on the foregoing, we deny Brown’s motion for
appointment

of

jurisdiction.

counsel

and

dismiss

the

appeal

for

lack

of

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

3