Daryl Gibson v. Corning Inc.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1624
DARYL K. GIBSON,
Plaintiff - Appellant,
v.
CORNING INC.; MARIO SCARLETTO; BILL KERNS; KEITH HOWEL; JIM
ENOS; CADENA MCPEARSON; ANNIA M. ALLGRETTO; LARRY SUTTON,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:14-cv-00105-BO)
Submitted: August 27, 2015 Decided: August 31, 2015
Before GREGORY, AGEE, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Daryl K. Gibson, Appellant Pro Se. Terry Allen Clark, Robin
Elizabeth Shea, CONSTANGY, BROOKS & SMITH, LLC, Winston-Salem,
North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daryl K. Gibson seeks to appeal the district court’s
judgment in his civil action. We dismiss the appeal for lack of
jurisdiction because the notice of appeal was not timely filed.
Parties are accorded 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’s judgment was entered on the docket on
April 14, 2015. The notice of appeal was filed on June 8, 2015.
Because Gibson 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
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