William Davis, Jr. v. Richard Durham
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to consolidate case (Local Rule 12(b)) [999968737-2], denying Motion to consolidate case (Local Rule 12(b)) [999964428-2]; denying Motion for other relief [999968617-2], denying Motion for other relief [999953859-2] Originating case number: 5:11-cv-00036-H Copies to all parties and the district court/agency. . Mailed to: W Davis. [16-2011]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
WILLIAM SCOTT DAVIS, JR.,
Plaintiff - Appellant,
ATTORNEY RICHARD DURHAM,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Malcolm J. Howard,
Senior District Judge. (5:11-cv-00036-H)
November 22, 2016
Before DIAZ and
November 29, 2016
Dismissed by unpublished per curiam opinion.
William Scott Davis, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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court’s text order denying his Fed. R. Civ. P. 60(b) motion in a
closed 42 U.S.C. § 1983 (2012) action.
We dismiss the appeal
for lack of jurisdiction because the notice of appeal was not
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).
filing of a notice of appeal in a civil case is a jurisdictional
Bowles v. Russell, 551 U.S. 205, 214 (2007).
The district court’s order was entered on the docket on
May 5, 2016.
The notice of appeal was filed on August 30, 2016. *
Because Davis failed to file a timely notice of appeal or to
We dispense with oral argument because the facts and
For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it 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
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