UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-8256
SWINDELL D. WHEELER,
Plaintiff - Appellant,
v.
TONITA LEE, Correctional Officer, Evans Correctional
Institution; PARVIN PATTELL, Dr.; CORRECTIONAL MEDICAL
SYSTEMS, Evans Correctional Institution,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Henry F. Floyd, District Judge.
(4:09-cv-01633-HFF)
Submitted: March 30, 2010 Decided: April 5, 2010
Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Swindell D. Wheeler, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Swindell D. Wheeler seeks to appeal the district
court’s order denying relief on his 42 U.S.C. § 1983 (2006)
complaint. 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 under Fed. R. App. 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, 209 (2007).
The district court’s order was entered on the docket
on September 21, 2009. The notice of appeal was filed on
October 30, 2009. ∗ Because Wheeler 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
∗
For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to
the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266
(1988).
2
presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
3