Eric Green v. Wilcox ( 2019 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7055
ERIC L. GREEN,
Plaintiff - Appellant,
v.
WILCOX, Staff Member at Alexander Correction; STEERTS, Sgt. Unit Supervision
at Alexander Correction; POTEAT, Unit Manager for Alexander Correction;
POWELL, Asst. Unit Manager at Alexander Correction; WELCH, Sgt. for Unit at
Alexander Correction; BELL, Officer for Alexander Correction; CLAWSON,
Officer for Alexander Correction; WOOD, Nurse for Alexander Correction;
MITONEN, Kitchen Supervisor at Alexander Correction; HAMILTON, Kitchen
Supervisor at Alexander Correction; JOHN DOE, 1-2,
Defendants - Appellees,
and
ERIC DYE, Asst. Warden; GAMEWELL, Staff Member at Alexander Correction,
Defendants.
Appeal from the United States District Court for the Western District of North Carolina, at
Statesville. Frank D. Whitney, Chief District Judge. (5:17-cv-00103-FDW)
Submitted: December 17, 2019 Decided: December 19, 2019
Before KING, FLOYD, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Eric L. Green, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
2
PER CURIAM:
Eric L. Green seeks to appeal the district court’s order granting Defendants’ motion
for summary judgment as to his 42 U.S.C. § 1983 (2012) claim and declining to exercise
supplemental jurisdiction over the remaining state law claims. 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 March 25, 2019. The notice
of appeal was filed on July 16, 2019. ∗ Because Green 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
∗
For the purpose of this appeal, we assume that the date appearing on the notice of
appeal is the earliest date it could have been delivered to prison officials for mailing to the
court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266, 276 (1988).
3