UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1198
FRANKLIN C. REAVES, Ph.D., and others similarly situated,
Plaintiff – Appellant,
v.
SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, Willie D.
Reaves; HYBERT N. STRICKLAND, individually and in his
official capacity; SHERRY RHODES, individually and in her
official capacity as Clerk of Court of Marion County; MARION
COUNTY SHERIFF’S DEPARTMENT; MARK RICHARDSON, individually
and in his official capacity as Sheriff of Marion County;
DEPUTY SMITH, individually and in his official capacity;
DEPUTY DAVIS, individually and in his official capacity;
MARION COUNTY JAIL; MARION COUNTY PRISON FARM, TIM HARPER,
individually and in his official capacity as Marion County
Administrator,
Defendants – Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, District Judge.
(4:08-cv-00576-TLW)
Submitted: June 18, 2009 Decided: June 23, 2009
Before NIEMEYER, GREGORY, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Franklin C. Reaves, Ph.D., Appellant Pro Se. Robert Thomas
King, WILLCOX BUYCK & WILLIAMS, PA, Florence, South Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Franklin C. Reaves seeks to appeal the district
court’s order denying his motion for reconsideration pursuant to
Federal Rule of Civil Procedure 60(b). We dismiss the appeal
for lack of jurisdiction because the notice of appeal was not
timely filed.
Parties are accorded thirty 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, Fed. R. App. P. 4(a)(5), or reopens the
appeal period, 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, __, 127 S. Ct.
2360, 2366 (2007).
The district court’s order was entered on the docket
on January 20, 2009. The notice of appeal was filed on February
20, 2009. Because Reaves 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 the court and argument would not aid the
decisional process.
DISMISSED
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