Albert Anderson v. Doe 1 ( 2023 )


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  • USCA4 Appeal: 23-6266      Doc: 16         Filed: 12/19/2023     Pg: 1 of 3
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 23-6266
    ALBERT MARQUAVIOUS LAMAR ANDERSON,
    Plaintiff - Appellant,
    v.
    JANE DOE 1; SERGEANT LEWIS; OFFICER DOLO,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern District of North Carolina, at
    Raleigh. Louise W. Flanagan, District Judge. (5:21-ct-03289-FL)
    Submitted: November 21, 2023                                Decided: December 19, 2023
    Before GREGORY and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit
    Judge.
    Dismissed by unpublished per curiam opinion.
    Albert Anderson, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 23-6266      Doc: 16         Filed: 12/19/2023     Pg: 2 of 3
    PER CURIAM:
    Albert Marquavious Lamar Anderson seeks to appeal the district court’s order and
    judgment dismissing without prejudice his 
    42 U.S.C. § 1983
     action for failure to prosecute
    and failure to comply with a court order, and the court’s subsequent order denying
    Anderson’s motion to alter or amend the judgment. 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). Where, as here,
    a party files a Rule 59(e) motion to alter or amend the judgment within 28 days of the
    judgment’s entry, the 30-day appeal period is tolled until disposition of that motion. Fed.
    R. App. P. 4(a)(4)(A)(iv).
    The district court entered its order denying Anderson’s motion to alter or amend the
    judgment on January 19, 2023. Anderson filed the notice of appeal on March 15, 2023. 1
    Because Anderson failed to file a timely notice of appeal or to obtain an extension or
    1
    For purposes of this appeal, we assume that the date appearing on the notice of
    appeal is the earliest date Anderson could have delivered the notice of appeal to prison
    officials for mailing to the court. Fed. R. Civ. P. 4(c)(1); Houston v. Lack, 
    487 U.S. 266
    ,
    276 (1988).
    2
    USCA4 Appeal: 23-6266         Doc: 16    Filed: 12/19/2023   Pg: 3 of 3
    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
    3
    

Document Info

Docket Number: 23-6266

Filed Date: 12/19/2023

Precedential Status: Non-Precedential

Modified Date: 12/20/2023