Robert Carrol Davidson v. Jesse Francis Amo

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999597181-2], denying Motion to proceed in forma pauperis (FRAP 24) [999582284-2] Originating case number: 4:15-cv-00013-JLK Copies to all parties and the district court/agency. [999645698]. Mailed to: Robert Davidson. [15-1512]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1512

ROBERT CARROL DAVIDSON,
Plaintiff - Appellant,
v.
JESSE FRANCIS AMOS; LAQUITA R. AMOS; CLYDE H. PERDUE,
Defendants - Appellees.

Appeal from the United States District Court for the Western
District of Virginia, at Danville.
Jackson L. Kiser, Senior
District Judge. (4:15-cv-00013-JLK)

Submitted:

August 20, 2015

Decided:

August 24, 2015

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Carrol Davidson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Robert Carrol Davidson seeks to appeal the district court’s
order denying his application to proceed in forma pauperis.

We

dismiss the appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
Parties

are

accorded

30

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 order was entered on the docket on
April 10, 2015.
one

day

failed

after
to

file

The notice of appeal was filed on May 12, 2015,
the
a

appeal
timely

period

expired. ∗

notice

of

appeal

Because
or

to

Davidson

obtain

an

extension or reopening of the appeal period, we deny his motions
for leave to proceed in forma pauperis and dismiss the appeal.
We

dispense

with

oral

argument

∗

because

the

facts

and

legal

The 30th day fell on Sunday, May 10, 2015.
Davidson
therefore had until Monday, May 11, 2015, to timely file a
notice of appeal. See Fed. R. App. P. 26(a)(1).

2

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contentions

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are

adequately

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presented

in

the

materials

before

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

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