Albert Anderson v. Eric Dye ( 2023 )

USCA4 Appeal: 23-6265 Doc: 18 Filed: 12/27/2023 Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6265
ALBERT MARQUAVIOUS LAMAR ANDERSON,
Plaintiff - Appellant,
v.
ERIC DYE, Warden, Alexander CI; FNU LNU, Medical Provider, Alexander CI;
JEFFREY DUNCAN, Warden, Alexander CI; ALEXANDER CORRECTIONAL
INSTITUTE; FNU COX, Nurse, Alexander CI; FNU BYRD, Sergeant, Alexander
CI; FNU WILKINSON, Officer, Alexander CI; FNU JONATHAN, Lieutenant,
Alexander CI; FNU DULLAH, Officer, Alexander CI; FNU REIN, Nurse,
Alexander CI; FNU GONZALEZ, Nurse, Alexander CI; FNU SHOEMAKER,
Nurse, Alexander CI; APRIL PARKER, Unit Manager, Alexander CI; FNU COOK,
Officer, Alexander CI; FNU LNU, Physical Therapy Nurse, Alexander CI;
JOHN/JANE DOE, 1-16,
Defendants - Appellees.
Appeal from the United States District Court for the Western District of North Carolina, at
Statesville. Martin K. Reidinger, Chief District Judge. (5:21-cv-00168-MR)
Submitted: December 19, 2023 Decided: December 27, 2023
Before HARRIS, QUATTLEBAUM, and BENJAMIN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
USCA4 Appeal: 23-6265 Doc: 18 Filed: 12/27/2023 Pg: 2 of 3
Albert Anderson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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USCA4 Appeal: 23-6265 Doc: 18 Filed: 12/27/2023 Pg: 3 of 3
PER CURIAM:
Albert Marquavious Lamar Anderson seeks to appeal the district court’s order
dismissing his 42 U.S.C. § 1983 action. 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 April 25, 2022. Anderson filed the notice of
appeal on March 13, 2023. * Because Anderson 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
Anderson’s motions for general relief.
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
*
For the purpose of this appeal, we assume that the date appearing on the notice of
appeal is the earliest date Anderson could have delivered the notice to prison officials for
mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).
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