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

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UNPUBLISHED PER CURIAM OPINION filed.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]

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Appeal: 15-2520 Doc: 22 Filed: 02/29/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-2520 RUSSELL F. WALKER, Plaintiff – Appellant, v. J.P. THOMAS & CO.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 HARRIS, Circuit Decided: Judges, February 29, 2016 and DAVIS, Senior Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 Pg: 2 of 2 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

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