Jerome Branch v. Ms. Badgett


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:11-cv-00124-HCM-FBS. Copies to all parties and the district court/agency. [999607393]. Mailed to: Jerome Branch. [15-6667]

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Appeal: 15-6667 Doc: 10 Filed: 06/23/2015 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6667 JEROME BRANCH, Plaintiff - Appellant, v. MS. BADGETT, Head BOAKYE, Doctor, Nurse; MS. WHITE, RNC-A Nurse; EDWARD Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., Senior District Judge. (2:11-cv-00124-HCM-FBS) Submitted: June 18, 2015 Decided: June 23, 2015 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Jerome Branch, Appellant Pro Se. Jeff W.Rosen, PENDER & COWARD, PC, Virginia Beach, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-6667 Doc: 10 Filed: 06/23/2015 Pg: 2 of 2 PER CURIAM: Jerome Branch seeks to appeal the district court’s order denying relief on Branch’s 42 U.S.C. § 1983 (2012) complaint. 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 Sept. 14, 2012. The notice of appeal was filed on April 29, 2015. Because Branch 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 in the materials before this court and argument would not aid the decisional process. DISMISSED 2

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