Louis Bonanno, Sr. v. Donnie Cooper ( 2015 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 15-1796
    LOUIS BONANNO, SR.,
    Plaintiff - Appellant,
    v.
    DONNIE COOPER, Vice President, in his official capacity for
    Virginia Land & Improvement Corporation; RICK NORMAN, G.M.
    in his official capacity for Virginia Land & Improvement
    Corporation,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.   T. S. Ellis, III, Senior
    District Judge. (1:14-cv-01605-TSE-MSN)
    Submitted:   October 20, 2015             Decided:   October 22, 2015
    Before MOTZ, KEENAN, and THACKER, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Louis Bonanno, Sr., Appellant Pro Se. Paul Charles Miller, PAUL
    C. MILLER PLC, Annandale, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Louis Bonanno, Sr., seeks to appeal the district court’s
    order    dismissing     Bonanno’s     civil       action      for    lack    of    subject
    matter jurisdiction and for failure to state a claim.                             See Fed.
    R. Civ. P. 12(b)(1), (6).               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
    June 4, 2015.       The notice of appeal was filed on July 9, 2015.
    Because Bonanno 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
    

Document Info

Docket Number: 15-1796

Judges: Motz, Keenan, Thacker

Filed Date: 10/22/2015

Precedential Status: Non-Precedential

Modified Date: 11/6/2024