John Gough, Jr. v. Calvert County Detention Cente

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999918370-2] Originating case number: 8:15-cv-03095-DKC,8:15-cv-03434-DKC Copies to all parties and the district court. [999949411]. Mailed to: Megan Green Anderson; John V. Gough Jr.. [16-7155]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7155

JOHN V. GOUGH, JR.,
Plaintiff – Appellant,
v.
CALVERT COUNTY DETENTION CENTER; MISTY BELL; CAPTAIN KEVIN
CROSS; ANN UENO; PHYSICIAN’S ASSISTANT; GUARD; GUARD,
Defendants – Appellees,
and
CAPTAIN COOK; MS. ANN C., Psychiatrist,
Defendants.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Deborah K. Chasanow, Senior District
Judge. (8:15-cv-03095-DKC, 8:15-cv-03434-DKC)

Submitted:

October 13, 2016

Decided:

October 18, 2016

Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John V. Gough, Jr., Appellant Pro Se. Daniel Karp, Sandra Diana
Lee, KARPINSKI, COLARESI & KARP, PA, Baltimore, Maryland; Megan
Green Anderson, Eric Matthew Rigatuso, ECCLESTON & WOLF, PC,
Hanover, Maryland; Christopher Kent Mangold, LAW OFFICE OF

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ANTHONY D. DWYER, Lutherville-Timonium, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
John V. Gough, Jr., seeks to appeal the district court’s
order granting Appellees’ motions for summary judgment on his
civil

rights

complaint.

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
June 8, 2016. *
2016.

The notice of appeal was filed on August 25,

Because Gough failed to file a timely notice of appeal or

to obtain an extension or reopening of the appeal period, we
deny leave to proceed in forma pauperis and dismiss the appeal.
We

dispense

with

oral

argument

*

because

the

facts

and

legal

Gough’s notice of appeal incorrectly identifies April 7,
2016, as the date that the judgment was entered.

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

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