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FULLER v. MAGNA SEATING OF SOUTH CAROLINA (2021)

United States Court of Appeals, Fourth Circuit.2021-07-22No. No. 21-1259

Authorities cited

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Opinion

Stanley Fuller seeks to appeal the district courts order adopting the magistrate judges recommendation and dismissing with prejudice Fullers employment discrimination action. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

In civil cases, parties have 30 days after the entry of the district courts 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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court entered its order on January 26, 2021. Fuller filed the notice of appeal on March 8, 2021. Because Fuller 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

PER CURIAM:

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.