Kenneth Washington v. Latrice Voltz


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:16-cv-00132-RJC-DSC. Copies to all parties and the district court/agency. [999901033].. [16-1615]

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Appeal: 16-1615 Doc: 10 Filed: 08/01/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1615 KENNETH WASHINGTON, Plaintiff - Appellant, v. LATRICE VOLTZ, DSS Social Worker, Defendant - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., District Judge. (3:16-cv-00132-RJC-DSC) Submitted: July 28, 2016 Before MOTZ and Circuit Judge. HARRIS, Decided: Circuit Judges, and August 1, 2016 DAVIS, Senior Dismissed by unpublished per curiam opinion. Kenneth Washington, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-1615 Doc: 10 Filed: 08/01/2016 Pg: 2 of 2 PER CURIAM: Kenneth Washington seeks to appeal the district court’s order dismissing without prejudice his civil action related to the custody of his minor son. 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 March 29, 2016. The notice of appeal was filed on May 27, 2016. Because Washington failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. facts and materials legal before We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. DISMISSED 2

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