William Davis, Jr. v. Richard Durham , 671 F. App'x 94 ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-2011
WILLIAM SCOTT DAVIS, JR.,
Plaintiff - Appellant,
v.
ATTORNEY RICHARD DURHAM,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard,
Senior District Judge. (5:11-cv-00036-H)
Submitted: November 22, 2016 Decided: November 29, 2016
Before DIAZ and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
William Scott Davis, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Scott Davis, Jr., seeks to appeal the district
court’s text order denying his Fed. R. Civ. P. 60(b) motion in a
closed 42 U.S.C. § 1983 (2012) 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
May 5, 2016. The notice of appeal was filed on August 30, 2016. *
Because Davis 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 all pending motions, including
Davis’ motions to consolidate and to appoint a guardian ad
litem. We dispense with oral argument because the facts and
* 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 properly delivered to prison officials for mailing to
the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266
(1988).
2
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
DISMISSED
3