Linda Brejwo v. Yvonne Kincaid ( 2024 )

USCA4 Appeal: 24-1296 Doc: 5 Filed: 08/26/2024 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-1296
LINDA BREJWO,
Plaintiff - Appellee,
v.
YVONNE KINCAID,
Defendant - Appellant.
Appeal from the United States District Court for the Southern District of West Virginia, at
Charleston. John T. Copenhaver, Jr., Senior District Judge. (2:23-cv-00121)
Submitted: August 22, 2024 Decided: August 26, 2024
Before WILKINSON, WYNN, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Yvonne Kincaid, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 24-1296 Doc: 5 Filed: 08/26/2024 Pg: 2 of 2
PER CURIAM:
Yvonne Kincaid seeks to appeal the district court’s order remanding her case back
to state court. 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 and judgment on March 5, 2024, and the appeal
period expired on April 4, 2024. Kincaid filed the notice of appeal on April 5, 2024.
Because Kincaid 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
2