Gary Wise v. Jon Ozmint , 625 F. App'x 221 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1887
GARY L. WISE,
Plaintiff - Appellant,
v.
DIRECTOR JON E. OZMINT, individually and in their official
capacities; WARDEN GREGORY KNOWLIN, individually and in
their official capacities; BRYAN P. STIRLING, Acting Agency
Director, individually and in their official capacities,
Defendants – Appellees,
and
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; PHYSICIAN MICHAEL
J. BEINOR, individually and in their official capacities;
DR. ALLAN C. WALLS, individually and in their official
capacities; DR. ALEWINE, individually and in their official
capacities; PHYSICIAN BENJAMIN F. LEWIS, individually and in
their official capacities; PHYSICIAN JAMES E. KAY,
individually and in their official capacities; MD PHYSICIAN
JACK M. VALPEY, individually and in their official
capacities,
Defendants.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Richard Mark Gergel, District
Judge. (6:13-cv-03414-RMG)
Submitted: December 17, 2015 Decided: December 21, 2015
Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Gary L. Wise, Appellant Pro Se. Samuel F. Arthur, III, AIKEN,
BRIDGES, NUNN, ELLIOTT & TYLER, PA, Florence, South Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Gary L. Wise seeks to appeal the district court’s order
accepting the magistrate judge’s recommendation to grant
Defendants’ summary judgment motion and deny Wise’s summary
judgment motion in his 42 U.S.C. § 1983 (2012) action. 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
June 24, 2015. The notice of appeal was filed on July 27, 2015.
Because Wise failed to file a timely notice of appeal or 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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