Jay Junior Aiken v. Chip L. Hall
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [1000095609-2] Originating case number: 1:16-cv-00248-FDW Copies to all parties and the district court/agency. . Mailed to: Jay Junior Aiken CENTRAL STATE PRISON 4600 Fulton Mill Road Macon, GA 31208. [17-6454]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JAY JUNIOR AIKEN
Plaintiff - Appellant
CHIP L. HALL, Sheriff, Jackson County; LINDA, RN; CHARLIE, Officer; JOHN
Defendants – Appellees.
Appeal from the United States District Court for the Western District of North Carolina, at
Asheville. Frank D. Whitney, Chief District Judge. (1:16-cv-00248-FDW)
Submitted: June 20, 2017
Before SHEDD, WYNN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jay Junior Aiken, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Decided: June 23, 2017
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Jay Junior Aiken seeks to appeal the district court’s order dismissing his 42 U.S.C.
§ 1983 (2012) 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 September 21, 2016. The
notice of appeal was filed, at the earliest, on March 22, 2017. Because Aiken failed to file
a timely notice of appeal or to obtain an extension or reopening of the appeal period, we
deny Aiken’s motion to appoint counsel and 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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