Glenn Turner v. Sunstates Security, LLC ( 2019 )


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  •                                      UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 19-1921
    GLENN WARREN TURNER,
    Plaintiff - Appellant,
    v.
    SUNSTATES SECURITY, LLC,
    Defendant - Appellee.
    Appeal from the United States District Court for the Eastern District of North Carolina, at
    Raleigh. James C. Dever III, District Judge. (5:17-cv-00363-D)
    Submitted: December 19, 2019                                Decided: December 23, 2019
    Before NIEMEYER, AGEE, and QUATTLEBAUM, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Glenn Warren Turner, Appellant Pro Se. Jeremy A. Stephenson, POPE AYLWARD
    SWEENEY & STEPHENSON, LLP, Charlotte, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Glenn Warren Turner seeks to appeal the district court’s order granting summary
    judgment to Sunstates Security, LLC, in his civil action for retaliation and discrimination
    on the bases of race, color, sex, and age. 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 22, 2019. The notice of
    appeal was filed on August 26, 2019. Because Turner failed to file a timely notice of appeal
    or to obtain an extension or reopening of the appeal period, we dismiss the appeal.
    We deny Turner’s motion to appoint counsel and 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
    

Document Info

Docket Number: 19-1921

Filed Date: 12/23/2019

Precedential Status: Non-Precedential

Modified Date: 12/23/2019