Milton SC Mays v. Raynor and Associates


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:15-cv-00177-FL Copies to all parties and the district court/agency. [999948136]. Mailed to: Milton S.C. Mays 2700 McConnell Road Greensboro, NC 27401. [16-1617]

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Appeal: 16-1617 Doc: 7 Filed: 10/17/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1617 MILTON SC MAYS, Plaintiff - Appellant, v. RAYNOR AND ASSOCIATES; RICHARD RAYNOR, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:15-cv-00177-FL) Submitted: October 13, 2016 Decided: October 17, 2016 Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Milton S.C. Mays, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-1617 Doc: 7 Filed: 10/17/2016 Pg: 2 of 2 PER CURIAM: Milton S.C. Mays seeks to appeal the district court’s order adopting the magistrate judge’s recommendation to dismiss Mays’ civil action pursuant to 28 U.S.C. § 1915(e)(2)(B) (2012). 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 November 5, 2015. 2016. The notice of appeal was filed on May 31, Because Mays 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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