Anthony Parker v. Boise Cascade Company , 685 F. App'x 282 ( 2017 )


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  •                                    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 16-2372
    ANTHONY PARKER,
    Plaintiff – Appellant,
    v.
    BOISE CASCADE COMPANY,
    Defendant – Appellee,
    and
    JILL COLEMAN, HR Director,
    Defendant.
    Appeal from the United States District Court for the District of South Carolina, at Rock
    Hill. David C. Norton, District Judge. (0:15-cv-02871-DCN)
    Submitted: April 20, 2017                                      Decided: April 24, 2017
    Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Anthony Parker, Appellant Pro Se. Matthew Stanley Brown, Stephen Douglas Dellinger,
    LITTLER MENDELSON PC, Charlotte, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    2
    PER CURIAM:
    Anthony Parker seeks to appeal the district court’s order adopting the magistrate
    judge’s report and recommendation and dismissing his complaint for failure to prosecute.
    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 August 22, 2016. The notice
    of appeal was filed on December 1, 2016. Because Parker 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
    3
    

Document Info

Docket Number: 16-2372

Citation Numbers: 685 F. App'x 282

Judges: Wilkinson, Niemeyer, Keenan

Filed Date: 4/24/2017

Precedential Status: Non-Precedential

Modified Date: 10/19/2024