Lenton Brown v. Hedyt Philbeck ( 2019 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-1845
LENTON CREDELLE BROWN,
Plaintiff - Appellant,
v.
HEDYT PHILBECK; BAILEY & DIXON, LLP,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Greenville. Louise W. Flanagan, District Judge. (4:18-cv-00202-FL)
Submitted: December 19, 2019 Decided: December 23, 2019
Before NIEMEYER, AGEE, and QUATTLEBAUM, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Lenton Credelle Brown, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lenton Credelle Brown seeks to appeal the district court’s order denying relief on
his federal claims and declining to exercise supplemental jurisdiction over his state claims
in his civil 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 July 1, 2019. The notice of
appeal was filed on August 2, 2019. Because Brown 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