Davis v. Kia Motors America, Inc. ( 2010 )

Opinion vacated by order dated January 21, 2011
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2296
SABRINA D. DAVIS,
Plaintiff – Appellant,
v.
KIA MOTORS AMERICA, INCORPORATED,
Defendant – Appellee,
and
KIA MOTORS OF AMERICA,
Defendant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. R. Bryan Harwell, District
Judge. (6:08-cv-01937-RBH)
Submitted: March 16, 2010 Decided: March 19, 2010
Before NIEMEYER, MOTZ and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Sabrina D. Davis, Appellant Pro Se. David Christopher Marshall,
Curtis L. Ott, TURNER, PADGET, GRAHAM & LANEY, PA, Columbia,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sabrina D. Davis seeks to appeal the district court’s
order dismissing her complaint for lack of subject matter
jurisdiction. Defendant Kia Motors America, Incorporated has
moved to dismiss the appeal as untimely.
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 August 18, 2009. The notice of appeal was filed on November
18, 2009. Because Davis failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal
period, we grant the motion to dismiss the appeal. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid in the decisional process.
DISMISSED
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