Pringle v. Martin , 361 F. App'x 445 ( 2009 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-2156
    ROSA LEE PRINGLE,
    Plaintiff - Appellant,
    v.
    DANIEL H. MARTIN, JR., a/k/a Daniel E. Martin, Sr., a/k/a
    Former Judge Daniel E. Martin, Sr., Former Atty Daniel E.
    Martin, Sr., Nickname Atty Danny Jr,
    Defendant - Appellee.
    Appeal from the United States District Court for the District of
    South Carolina, at Charleston.   Patrick Michael Duffy, District
    Judge. (2:08-cv-02799-PMD)
    Submitted:    December 17, 2009            Decided:   December 28, 2009
    Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Rosa Lee Pringle, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM
    Rosa Lee Pringle seeks to appeal the district court’s
    orders denying relief on her 
    42 U.S.C. § 1983
     (2006) complaint
    and denying her Fed. R. Civ. P. 60(b) motion for relief from
    judgment.      We dismiss.
    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. 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).
    Pringle filed her notice of appeal more than thirty days after
    the   entry    of   both    the    original      judgment     and    the    denial   of
    reconsideration.        Further, she failed to properly move for an
    extension      of   time    or    for   reopening       of    the    appeal      period.
    Therefore, we dismiss the appeal of these orders as untimely.
    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    the    decisional
    process.
    DISMISSED
    2
    

Document Info

Docket Number: 09-2156

Citation Numbers: 361 F. App'x 445

Judges: Wilkinson, Niemeyer, Agee

Filed Date: 12/28/2009

Precedential Status: Non-Precedential

Modified Date: 11/5/2024