Bette Jones v. NC Dept of Transportation

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to supplement [999717589-2]. Originating case number: 3:15-cv-00170-GCM. Copies to all parties and the district court. [999802682]. [15-2258]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-2258

BETTE J.T. JONES,
Plaintiff – Appellant,
v.
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
Defendant - Appellee.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Graham C. Mullen,
Senior District Judge. (3:15-cv-00170-GCM)

Submitted:

April 21, 2016

Decided:

April 25, 2016

Before WILKINSON, KING, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bette J.T. Jones, Appellant Pro Se. Kenneth Andrew Sack, NORTH
CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Bette

J.T.

Jones

seeks

to

appeal

the

district

court’s

orders remanding her civil action to state court for further
proceedings and denying her motions for reconsideration and for
leave to file out of time.
jurisdiction

because

the

We dismiss the appeal for lack of
notices

of

appeal

were

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.”
The

Bowles v. Russell, 551 U.S. 205, 214 (2007).

district

court’s

final

order

denying

reconsideration

was entered on the docket on September 10, 2015.

The notices of

appeal were filed on October 15, 2015.

Because Jones failed to

file a timely notice of appeal or to obtain an extension or
reopening of the appeal period, we dismiss the appeal.
Jones’ motion to supplement the record.

We deny

We dispense with oral

argument because the facts and legal contentions 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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