Linwood Whitehead v. Ms. Rooks ( 2023 )

USCA4 Appeal: 22-6852 Doc: 9 Filed: 03/29/2023 Pg: 1 of 4
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-7716
LINWOOD WHITEHEAD,
Plaintiff - Appellant,
v.
MS. ROOKS, Correction Officer,
Defendant - Appellee.
No. 22-6852
LINWOOD WHITEHEAD,
Plaintiff - Appellant,
v.
MS. ROOKS, Correction Officer,
Defendant - Appellee.
Appeals from the United States District Court for the Eastern District of Virginia, at
Norfolk. Raymond A. Jackson, Senior District Judge. (2:19-cv-00326-RAJ-RJK)
Submitted: February 27, 2023 Decided: March 29, 2023
USCA4 Appeal: 22-6852 Doc: 9 Filed: 03/29/2023 Pg: 2 of 4
Before HARRIS, QUATTLEBAUM, and HEYTENS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Linwood Whitehead, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In these consolidated appeals, Linwood Whitehead seeks to appeal the district
court’s orders dismissing his 42 U.S.C. § 1983 action without prejudice for failure to
prosecute * (No. 22-7716) and denying his Fed. R. App. P. 4(a)(6) motion (No. 22-6852).
We dismiss the appeals for lack of jurisdiction because the notices of appeal were 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
Rule 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 dismissing Whitehead’s § 1983 action on July 27,
2021. Whitehead filed the notice of appeal on December 10, 2021. The district court
entered its order denying Whitehead’s motion to reopen the appeal period on June 22, 2022.
Whitehead filed the notice of appeal on July 25, 2022. Because Whitehead failed to file a
timely notice of appeal or to obtain an extension or reopening of the appeal period in either
case, we dismiss the appeals.
*
We previously remanded to the district court to determine whether Whitehead was
entitled to a reopening of the appeal period under Fed. R. App. P. 4(a)(6). Whitehead v.
Rooks, No. 22-7716, 2022 WL 989351 (4th Cir. Apr. 1, 2022). On remand, the district
court denied Whitehead’s motion to reopen the appeal period.
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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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