Derritt Swearington v. G 6 Hospitality, LLC


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to strike [999551154-2]; denying Motion to proceed in forma pauperis (FRAP 24) [999519390-2] Originating case number: 3:14-cv-00387-RJC Copies to all parties and the district court/agency. [999589686]. Mailed to: D. Swearington. [15-1105]

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Appeal: 15-1105 Doc: 13 Filed: 05/26/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1105 DERRITT SWEARINGTON, Plaintiff - Appellant, v. G 6 HOSPITALITY, LLC, Defendant - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:14-cv-00387-RJC) Submitted: May 21, 2015 Decided: May 26, 2015 Before MOTZ, KING, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Derritt Swearington, Appellant Pro Se. Lynn Ogburn, III, POYNER SPRUILL, Carolina, for Appellee. Karen H. Chapman, Thomas LLP, Charlotte, North Unpublished opinions are not binding precedent in this circuit. Appeal: 15-1105 Doc: 13 Filed: 05/26/2015 Pg: 2 of 3 PER CURIAM: Derritt Swearington seeks to appeal the district court’s order dismissing for lack of subject matter jurisdiction his civil claims against G 6 Hospitality, LLC. 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 dismissal order was entered on the docket on October 27, 2014. January 28, 2015. The notice of appeal was filed on Because Swearington 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, deny Swearington’s motion to strike brief, and dismiss the appeal. Appellee’s informal response We dispense with oral argument because the facts and legal contentions are adequately presented 2 Appeal: 15-1105 Doc: 13 Filed: 05/26/2015 Pg: 3 of 3 in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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