Darnell Simmons v. Cape Fear Community College

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:15-cv-00214-BO Copies to all parties and the district court/agency. [1000026739]. Mailed to: Darnell Simmons. [16-2128]

Appeal: 16-2128

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-2128

DARNELL JOYCE ELAINE SIMMONS,
Plaintiff – Appellant,
v.
CAPE FEAR COMMUNITY COLLEGE; MARIA COOK;
TOMMY HERRING; RHONDA TIGHE; KEN SEINO,

JOYCE

SPEARS;

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)

Submitted:

February 16, 2017

Before GREGORY, Chief Judge,
HAMILTON, Senior Circuit Judge.

Decided:

DUNCAN,

February 21, 2017

Circuit

Judge,

and

Dismissed by unpublished per curiam opinion.

Darnell Joyce Elaine Simmons, Appellant Pro Se. William Joseph
Austin, Jr., WARD & SMITH, PA, Raleigh, North Carolina, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-2128

Doc: 22

Filed: 02/21/2017

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PER CURIAM:
Darnell Joyce Elaine Simmons seeks to appeal the district
court’s

order

dismissing

§ 1915(e)(2)(B)

(2012).

this
We

action

dismiss

pursuant
the

to

appeal

28

for

U.S.C.
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

12,

2015.

September 29, 2016.

The

notice

of

appeal

was

filed

on

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.

DISMISSED

2