Kenneth Washington v. Latrice Voltz

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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