Brent W. Cook v. Michael Wade
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999641834-2]; denying Motion to appoint/assign counsel [999619747-2] Originating case number: 1:14-cv-00021-GBL-JFA Copies to all parties and the district court/agency. [999723100]. Mailed to: Brent Cook. [15-6937]
Appeal: 15-6937
Doc: 15
Filed: 12/22/2015
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6937
BRENT W. COOK,
Plaintiff – Appellant,
v.
MICHAEL WADE, Sheriff; YVETTE KING, Psychologist; MICHAEL
THOMAS, Head of Mental Health,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony John Trenga,
District Judge. (1:14-cv-00021-GBL-JFA)
Submitted:
December 17, 2015
Decided:
December 22, 2015
Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Brent William Cook, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 15-6937
Doc: 15
Filed: 12/22/2015
Pg: 2 of 2
PER CURIAM:
Brent William Cook seeks to appeal the district court’s
order dismissing his 42 U.S.C. § 1983 (2012) complaint without
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
April 23, 2015.
2015.
The notice of appeal was filed on June 16,
Because Cook 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 deny Cook’s motion for appointment of counsel and 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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