Darnell Simmons v. Cape Fear Community College
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:15-cv-00214-BO Copies to all parties and the district court/agency. . Mailed to: Darnell Simmons. [16-2128]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
DARNELL JOYCE ELAINE SIMMONS,
Plaintiff – Appellant,
CAPE FEAR COMMUNITY COLLEGE; MARIA COOK;
TOMMY HERRING; RHONDA TIGHE; KEN SEINO,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington.
Terrence W. Boyle,
District Judge. (7:15-cv-00214-BO)
February 16, 2017
Before GREGORY, Chief Judge,
HAMILTON, Senior Circuit Judge.
February 21, 2017
Dismissed by unpublished per curiam opinion.
Darnell Joyce Elaine Simmons, Appellant Pro Se. William Joseph
Austin, Jr., WARD & SMITH, PA, Raleigh, North Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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Darnell Joyce Elaine Simmons seeks to appeal the district
jurisdiction because the notice of appeal was not timely filed.
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
September 29, 2016.
Because Simmons failed to file a timely
notice of appeal or to obtain an extension or reopening of the
appeal period, we dismiss the appeal.
We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
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