Derrick Sallis v. S.C. Child Support Division

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-1468
DERRICK SALLIS,
Plaintiff - Appellant,
v.
STATE OF SOUTH CAROLINA CHILD SUPPORT DIVISION,
Defendant - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Spartanburg. Timothy M. Cain, District Judge. (7:19-cv-00320-TMC)
Submitted: September 24, 2020 Decided: October 20, 2020
Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Derrick Sallis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Derrick Sallis seeks to appeal the district court’s order adopting the magistrate
judge’s recommendation and dismissing Sallis’ civil action. 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 final order on March 2, 2020. Sallis filed the notice of
appeal on April 6, 2020. Because Sallis failed to file a timely notice of appeal or to obtain
an extension or reopening of the appeal period, we deny his motion for a stay and 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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