Jordan Mitchell v. Sergeant Green ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6624
JORDAN NATHANIEL MITCHELL,
Plaintiff - Appellant,
v.
SERGEANT GREEN,
Defendant - Appellee,
and
SERGEANT FLINT; NEIL GODFREE; STAFF MEMBER CLUMP; STAFF
MEMBER DIVES; LIEUTENANT MOORE; DEPUTY HELMS,
Defendants.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Catherine C. Eagles, District Judge. (1:15-cv-00566-CCE-LPA)
Submitted: September 11, 2020 Decided: September 17, 2020
Before MOTZ, AGEE, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jordan Nathaniel Mitchell, Appellant Pro Se. Sonny Sade Haynes, WOMBLE BOND
DICKINSON (US) LLP, Winston-Salem, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
2
PER CURIAM:
Jordan Nathaniel Mitchell seeks to appeal the district court’s orders granting
summary judgment in his 42 U.S.C. § 1983 action and denying his motion for
reconsideration. We dismiss the appeal for lack of jurisdiction because the notice of appeal
was not timely filed.
In civil cases, parties have 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 entered its order on January 3, 2017. Mitchell filed the notice of
appeal, at the earliest, on April 16, 2020. Because Mitchell failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal
and deny his motion for appointment of counsel. 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
3