Arleatha Simms v. FedEx Ground Package System , 491 F. App'x 430 ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2075
ARLEATHA M. SIMMS,
Plaintiff - Appellant,
v.
FEDEX GROUND PACKAGE SYSTEM, INCORPORATED,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, District
Judge. (3:11-cv-00745-JRS)
Submitted: December 20, 2012 Decided: December 26, 2012
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Arleatha M. Simms, Appellant Pro Se. Monica Handa, Amy Sanborn
Owen, COCHRAN & OWEN, LLC, Vienna, Virginia; Christina
Kepplinger Johansen, FEDEX GROUND, Moon Township, Pennsylvania,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Arleatha M. Simms seeks to appeal the district court’s
order granting summary judgment to FedEx Ground Package System,
Inc., on her claims of employment retaliation. We dismiss the
appeal for lack of jurisdiction because the notice of appeal was
not timely filed.
Parties are accorded thirty 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 July 26, 2012. The notice of appeal was filed on August 28,
2012. Because Simms 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
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