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UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Don McKinney. [15-1868]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
DON W. MCKINNEY,
Plaintiff - Appellant,
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)
December 17, 2015
December 21, 2015
Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Dismissed by unpublished per curiam opinion.
Don W. McKinney, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Don W. McKinney seeks to appeal the district court’s order
dismissing his 42 U.S.C. § 1983 (2012) complaint.
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).
filing of a notice of appeal in a civil case is a jurisdictional
Bowles v. Russell, 551 U.S. 205, 214 (2007).
The district court’s order was entered on the docket on
June 29, 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
We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
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