Don McKinney v. Commonwealth of Virginia


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying as moot Motion to participate in oral argument [999671424-2]. Originating case number: 2:15-cv-00013-JPJ-PMS. Copies to all parties and the district court/agency. [999722103]. Mailed to: Don McKinney. [15-1868]

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Appeal: 15-1868 Doc: 11 Filed: 12/21/2015 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1868 DON W. MCKINNEY, Plaintiff - Appellant, v. COMMONWEALTH OF VIRGINIA, Defendant - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. James P. Jones, District Judge. (2:15-cv-00013-JPJ-PMS) Submitted: December 17, 2015 Decided: December 21, 2015 Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Don W. McKinney, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-1868 Doc: 11 Filed: 12/21/2015 Pg: 2 of 2 PER CURIAM: Don W. McKinney seeks to appeal the district court’s order dismissing his 42 U.S.C. § 1983 (2012) complaint. 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 June 29, 2015. 2015. The notice of appeal was filed on August 3, Because McKinney failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal and deny as moot his motion to participate in oral argument. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2

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