Milton SC Mays v. Raynor and Associates
Filing
UNPUBLISHED PER CURIAM OPINION filed.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]
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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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