Sentellus McDonald v. Randle Jone
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:14-ct-03028-BO. Copies to all parties and the district court. [999568465]. Mailed to: Appellant. [15-6125]
Appeal: 15-6125
Doc: 17
Filed: 04/21/2015
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6125
SENTELLUS MCDONALD,
Plaintiff - Appellant,
v.
RANDLE JONES,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:14-ct-03028-BO)
Submitted:
April 16, 2015
Decided:
April 21, 2015
Before AGEE and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Sentellus McDonald, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-6125
Doc: 17
Filed: 04/21/2015
Pg: 2 of 3
PER CURIAM:
Sentellus
McDonald
seeks
to
appeal
the
district
court’s
order dismissing his 42 U.S.C. § 1983 (2012) complaint under
28 U.S.C. § 1915(e)(2)(B) (2012).
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
November 10, 2014.
26, 2015. *
The notice of appeal was filed on January
Because McDonald failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal
period, we dismiss the appeal.
We dispense with oral argument
because the facts and legal contentions are adequately presented
*
The notice of appeal is undated. For the purpose of this
appeal, we assume that the date of the postmark on the envelope
containing the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to
the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266
(1988).
2
Appeal: 15-6125
Doc: 17
Filed: 04/21/2015
Pg: 3 of 3
in the materials before this court and argument would not aid
the decisional process.
DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?