Bernadette Nelson-Rogers v. Kaiser Permanente ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-1703
BERNADETTE NELSON-ROGERS,
Plaintiff - Appellant,
v.
KAISER PERMANENTE,
Defendant - Appellee.
Appeal from the United States District Court for the District of Maryland, at Greenbelt.
George Jarrod Hazel, District Judge. (8:17-cv-03326-GJH)
Submitted: January 19, 2021 Decided: January 21, 2021
Before AGEE, WYNN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Bernadette Nelson-Rogers, Appellant Pro Se. Rafael Eloy Morell, LAW OFFICES OF
RAFAEL E. MORELL, PLLC, Washington, D.C., for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Bernadette Nelson-Rogers seeks to appeal the district court’s order granting
Defendant’s motion for summary judgment and dismissing her civil action alleging
employment discrimination. 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 February 25, 2020. Nelson-Rogers filed the
notice of appeal on June 25, 2020. Because Nelson-Rogers failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal period, we grant Defendant’s
motion to dismiss and 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
*
On April 10, 2020, the district court issued a standing order, affording litigants an
84-day filing extension in response to the COVID-19 pandemic. See Standing Order
2020-7 Regarding Court Operations under the Exigent Circumstances Created by COVID-
19, No. 1:00-mc-00308 (D. Md. April 10, 2020). However, even if the filing extension is
applied to Nelson-Rogers’ case, her notice of appeal is still untimely, as the order extended
the appeal period until June 19, 2020, and she filed her notice of appeal on June 25, 2020.
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