Aaron Allen v. David Stumbo ( 2023 )

USCA4 Appeal: 22-6934 Doc: 6 Filed: 03/21/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6934
AARON ALLEN,
Plaintiff - Appellant,
v.
DAVID STUMBO, Solicitor; PENNY B. CARSON, Assist. Sol.,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at
Anderson. Timothy M. Cain, District Judge. (8:22-cv-01045-TMC)
Submitted: March 16, 2023 Decided: March 21, 2023
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Aaron Allen, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-6934 Doc: 6 Filed: 03/21/2023 Pg: 2 of 2
PER CURIAM:
Aaron Allen appeals the district court’s order dismissing his complaint with
prejudice. 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 July 5, 2022. Allen filed the notice of appeal
on August 15, 2022. Because Allen 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
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