John Laschkewitsch v. Lincoln Life and Annuity
UNPUBLISHED PER CURIAM OPINION filed. Motions disposition in opinion--denying motions as moot. Originating case number: 5:13-cv-00315-BO. Copies to all parties and the district court/agency. . Mailed to: John Laschkewitsch. [15-1178]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JOHN B. LASCHKEWITSCH, as Administrator for the Estate of
Plaintiff - Appellant,
LINCOLN LIFE AND ANNUITY DISTRIBUTORS, INC., d/b/a Lincoln
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:13-cv-00315-BO)
September 17, 2015
September 23, 2015
Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Dismissed by unpublished per curiam opinion.
John B. Laschkewitsch, Appellant Pro Se. Matthew Nis Leerberg,
SMITH MOORE LEATHERWOOD LLP, Raleigh, North Carolina; Robert R.
Marcus, SMITH MOORE LEATHERWOOD LLP, Charlotte, North Carolina,
Unpublished opinions are not binding precedent in this circuit.
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John B. Laschkewitsch seeks to appeal the district court’s
dismiss the appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
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).
If a party files
4(a)(4)(A), the 30-day appeal period runs from the entry of the
“[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
September 16, 2014.
Laschkewitsch timely filed a Fed. R. Civ.
P. 59(e) motion to amend the judgment, which the district court
denied on January 15, 2015.
The notice of appeal was filed
Laschkewitsch failed to file a timely notice of appeal or to
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We dispense with oral argument because the facts and
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