Derritt Swearington v. G 6 Hospitality, LLC

Filing

UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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in the materials before this court and argument would not aid
the decisional process.
DISMISSED

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