Russell Walker v. J.P. Thomas & Co., Inc.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999722419-2] Originating case number: 1:14-cv-00738-JLW. Copies to all parties and the district court/agency. [999764009]. Mailed to: Russell Walker. [15-2520]

Appeal: 15-2520

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Filed: 02/29/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-2520

RUSSELL F. WALKER,
Plaintiff – Appellant,
v.
J.P. THOMAS & CO. INC.; TOWN OF ABERDEEN, NORTH CAROLINA;
OFFICER J. J. SMITH,
Defendants - Appellees.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
Joe L. Webster,
Magistrate Judge. (1:14-cv-00738-JLW)

Submitted:

February 25, 2016

Before SHEDD and
Circuit Judge.

HARRIS,

Circuit

Decided:

Judges,

February 29, 2016

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Russell F. Walker, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-2520

Doc: 22

Filed: 02/29/2016

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PER CURIAM:
Russell F. Walker seeks to appeal the magistrate judge’s
order dismissing his complaint with prejudice.

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
September

29,

2015.

December 7, 2015.

The

notice

of

appeal

was

filed

on

Because Walker failed to file a timely notice

of appeal or to obtain an extension or reopening of the appeal
period, we deny leave to proceed in forma pauperis and dismiss
the appeal.

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