Nelson Bruce v. Bank of America, N.A. ( 2023 )

USCA4 Appeal: 22-1578 Doc: 15 Filed: 08/31/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1578
NELSON L. BRUCE,
Plaintiff - Appellant,
v.
BANK OF AMERICA, N.A., a/k/a Bank of America,
Defendant - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Charleston. Bruce H. Hendricks, District Judge. (2:19-cv-03456-BHH)
Submitted: May 5, 2023 Decided: August 31, 2023
Before THACKER, QUATTLEBAUM, and RUSHING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Nelson L. Bruce, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-1578 Doc: 15 Filed: 08/31/2023 Pg: 2 of 2
PER CURIAM:
Nelson L. Bruce appeals the district court’s order denying relief on his Fed. R. Civ.
P. 59(d), (e) motion. We dismiss the appeal for lack of jurisdiction because the notice of
appeal was not timely filed.
To appeal an order disposing of a Rule 59 motion, a party must file a notice of appeal
within the time prescribed by Fed. R. App. P. 4—here, 30 days. Fed. R. App.. P.
4(a)(1)(A), (a)(4)(B)(ii). “[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 20, 2022, and Bruce filed his notice of
appeal 34 days later, on May 24, 2022. Because Bruce failed to file a timely notice of
appeal, we dismiss the appeal for lack of jurisdiction. 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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