William Scott, Jr. v. Carter Roag Coal Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-1508
WILLIAM E. SCOTT, JR.,
Plaintiff - Appellant,
v.
CARTER ROAG COAL COMPANY,
Defendant - Appellee.
Appeal from the United States District Court for the Northern District of West Virginia, at
Elkins. John Preston Bailey, District Judge. (2:19-cv-00050-JPB-MJA)
Submitted: September 22, 2020 Decided: September 24, 2020
Before NIEMEYER, KEENAN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William E. Scott, Jr., Appellant Pro Se. Mark Curtis Dean, Joseph Umberto Leonoro,
STEPTOE & JOHNSON PLLC, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William E. Scott, Jr., seeks to appeal the district court’s order granting Carter Roag
Coal Company’s motion to dismiss Scott’s religious discrimination claims, brought
pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to
2000e-17. 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 dismissal order on February 27, 2020. Scott filed the
notice of appeal on April 29, 2020. Because Scott 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