Alton Simmons-Bey v. DOJ

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999509152-2] Originating case number: 5:13-cv-00109-BR Copies to all parties and the district court/agency. [999589808].. [15-1046]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1046

ALTON M. SIMMONS-BEY,
Plaintiff - Appellant,
v.
UNITED STATES DEPARTMENT OF JUSTICE,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
W. Earl Britt, Senior
District Judge. (5:13-cv-00109-BR)

Submitted:

May 21, 2015

Decided:

May 26, 2015

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alton M. Simmons-Bey, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Alton M. Simmons-Bey seeks to appeal the district court’s
order affirming the magistrate judge’s order denying Simmons-Bey
leave to proceed in forma pauperis and dismissing Simmons-Bey’s
civil action for failure to pay the filing fee.

We dismiss the

appeal for lack of jurisdiction because the notice of appeal was
not timely filed.
When the United States or its officer or agency is a party,
the notice of appeal must be filed no more than sixty days after
the entry of the district court’s final judgment or order, Fed.
R. App. P. 4(a)(1)(B), 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
June 12, 2013.
2015.

The notice of appeal was filed on January 9,

Because Simmons-Bey failed to file a timely notice of

appeal or to obtain an extension or reopening of the appeal
period, we deny leave to proceed in forma pauperis and dismiss
the appeal.

We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

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argument

would

not

aid

the

decisional

process.

DISMISSED

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