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SKI LLC LLC v. TOWN OF WRIGHTSVILLE BEACH (2021)

United States Court of Appeals, Fourth Circuit.2021-02-22No. No. 20-2040

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Opinion

Christopher T. Magnum, who proceeds in this court pro se, seeks to appeal the district courts order denying the various postjudgment motions filed by Magnums former counsel in his 42 U.S.C. § 1983 civil rights 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 final order on August 24, 2020. The district court did not receive Magnums notice of appeal until Thursday, September 24, 2020.

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Because Magnum failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we grant Defendants’ motion to dismiss this 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

FOOTNOTES

FOOTNOTE

.   Given that Magnum was not incarcerated when he filed the notice of appeal, Fed. R. App. P. 4(c), the so-called “prison mailbox rule,” is not applicable in this case.

PER CURIAM:

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.