Timothy Green v. Frank Richardson, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:14-cv-02595-MGL Copies to all parties and the district court/agency. [999802749]. Mailed to: Timothy Green. [15-7707]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7707

TIMOTHY GREEN,
Plaintiff - Appellant,
v.
LT.
FRANKLIN
RICHARDSON,
JR.;
NURSE
PRATT;
NURSE
PRACTITIONER RABON; NURSE FRANKLIN; NURSE MOODY; NURSE KAREN
COOPER; OFC. THOMPSON, SMU; SGT. PRICE; OFC. CAIN; LT.
JENKINS; OFC. FARMER; OFC. MICKENS; SGT. DEMAYRIE, SMU;
NURSE JONES; MEDICAL MANAGEMENT COMPANY, Whom agency is
contracted with SCDC; HEAD DOCTOR, at Headquarters and
Staff,
Defendants – Appellees,
and
SCDC; NURSE AND MEDICAL UNIT LEE CORRECTIONAL INSTITUTION,
Defendants.

Appeal from the United States District Court for the District of
South Carolina, at Greenville. Kevin Frank McDonald, Magistrate
Judge; Mary G. Lewis, District Judge. (6:14-cv-02595-MGL)

Submitted:

April 21, 2016

Decided:

Before WILKINSON, KING, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

April 25, 2016

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Timothy F. Green, Appellant Pro Se.
David Cornwell Holler, G.
Murrell Smith, Jr., LEE ERTER WILSON HOLLER & SMITH, LLC,
Sumter, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Timothy Green seeks to appeal the district court’s order
adopting

the

magistrate

judge’s

recommendation

to

grant

Defendants summary judgment in Green’s 42 U.S.C. § 1983 (2012)
civil

rights

action.

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.”
The

Bowles v. Russell, 551 U.S. 205, 214 (2007).

district

court’s

docket on July 22, 2015.

final

judgment

was

entered

on

the

The notice of appeal was filed, at the

earliest, on October 1, 2015. *

Because Green failed to file a

timely notice of appeal or to obtain an extension or reopening
of the appeal period, we dismiss the appeal.
oral

argument

because

the

facts

*

and

legal

We dispense with
contentions

are

To establish the date of filing, we rely on the date stamp
on the envelope reflecting the prison mailroom’s receipt of the
notice of appeal, as this is the earliest date the notice of
appeal 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).

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adequately

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presented

in

the

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materials

before

this

court

and

argument would not aid the decisional process.

DISMISSED

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