John Holmes v. Unknown ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-1483
JOHN HOLMES,
Plaintiff - Appellant,
v.
UNKNOWN,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Roderick Charles Young, District Judge. (2:20-cv-00553-RCY-RJK)
Submitted: August 24, 2021 Decided: August 26, 2021
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
John Holmes, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John Holmes seeks to appeal the district court’s order dismissing his 42 U.S.C.
§ 1983 complaint under 28 U.S.C. § 1915(e)(2)(B). 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 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 entered its order on March 19, 2021. Holmes filed the notice of
appeal on April 27, 2021. Because Holmes 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
2